F.E.B. Corp. v. United States, No. 15-11771 (11th Cir. 2016)Annotate this Case
FEB filed suit against the government seeking to quiet title to a spoil island off Key West, known as Wisteria Island. Wisteria Island was formed as a result of the Navy's dredging operations. In this case, it is undisputed that the state of Florida, F.E.B.’s predecessor in interest, had actual knowledge of the United States’ claim to the island in 1951. F.E.B.'s Quiet Title Act (QTA), 28 U.S.C. 2409a(g), claim expired in 1963, well before initiation of this suit. The court concluded that the Submerged Lands Act (SLA), 43 U.S.C. 1301-1315, does not rise to the level of the “clear and unequivocal” abandonment of the government’s interest in Wisteria Island necessary to reset the QTA statute of limitations. The court found F.E.B.'s arguments to the contrary unpersuasive. Therefore, the court found that the QTA's statute of limitations has run and affirmed the district court's dismissal based on lack of subject matter jurisdiction.