Windermere, FL — The Town of Windermere is moving forward with an appeal in its long-running legal dispute over five century-old wooden boathouses, a decision that is expected to further increase a legal bill that has already reached “$637,000”, according to court filings and town records.
Town Seeks Appeal After Strong Lower Court Loss
Town officials have asked Florida’s Sixth District Court of Appeals, based in Lakeland, to review a forceful lower court ruling that sided with the private owners of the boathouses, which sit in a lagoon adjacent to Lake Butler. The appeal comes after Circuit Court Judge John E. Jordan rejected the town’s effort to evict the owners from the structures.
In his November order, Judge Jordan ruled that the owners “cannot be evicted or ejected from the boathouses for which they own and have the right of possession.” He went further, concluding there was “nothing equitable or fair” about Windermere’s attempt to take control of the properties.
Owners Say Appeal Will Cost Taxpayers More
Daniel Langley, co-counsel for the boathouse owners, criticized the town’s decision to appeal, saying it would only deepen the financial burden on residents. He noted that his clients intend to seek reimbursement for attorney fees and related costs if the appeal fails.
Langley declined to disclose the total amount his clients have spent defending the boathouses but said it was “much more than the town has paid.”
Background of the Legal Dispute
The boathouses, most of which were built before Windermere was incorporated in 1925, have been in legal limbo since 2022, when the town initiated eviction proceedings. According to court records, Windermere has never held title to any of the structures, despite their location over a town-adjacent lagoon.
For years, the owners paid nominal rent at the town’s request. That arrangement ended when Windermere sought to assert ownership and remove the private owners from the boathouses.
Judge Jordan’s ruling underscored that historical use and title favored the homeowners, not the town.
Town Challenges Judge’s Findings
The town’s attorney, Nick Dancaescu of GrayRobinson, previously requested a rehearing, arguing that the judge’s decision relied on “disputed issues of fact,” flawed legal reasoning, and testimony containing “speculation and hearsay.” That request was denied, prompting the appeal.
The appellate court is now reviewing whether the dispute is “appropriate for appellate mediation,” a step that could determine how the case proceeds.
Questions Over Town’s Intentions
One unresolved issue is what Windermere intends to do with the boathouses if it were to gain control. Langley said he questioned Town Manager Robert Smith about this during a deposition.
According to Langley, Smith testified under oath that “they had no plans” for the boathouses.
Lake Butler, which the structures access, is a prized recreational area for boating and fishing and the largest of 13 interconnected lakes in southwest Orange County.
Public Reaction and Cost Estimates
Boathouse co-owner Bozena Siemian recently posted a sign criticizing the continued legal fight and warning residents about the growing taxpayer cost. After learning of the appeal, she sent a message stating, “More taxpayer money wasted.”
Smith later confirmed via email that the town was quoted “$20k” as the cost of pursuing the appeal.
Conclusion
Windermere’s decision to appeal a decisive court ruling keeps a costly and contentious property dispute alive, raising fresh questions about fiscal responsibility, public purpose, and the limits of municipal authority over privately owned historic structures.
CTA
What do you think about Windermere continuing this legal fight using public funds? Should the town appeal, or move on? Share your thoughts in the comments.
