The City of Marco Island has filed a formal appeal in the case to prosecute boater Dave Dumas for violating the city’s controversial anchoring ordinance.
The case was dismissed in October after Collier County Court Judge Rob Crown declared the city ordinance unconstitutional. The appeal, filed Friday, is the latest attempt by the city to defend an ordinance that limits boaters to three days of dropped anchor in city waterways without proof of a pump out.
An appeal was expected following comments by city council members and a city attorney that the city intended to appeal the decision.
A hearing date has not yet been set.
MARCO – DAVID DUMAS ANCHORING CASE
- DOCUMENTS: Read the court order declaring the city of Marco Island's boat anchoring ordinance as unconstitutional. 624 kb .pdf file
- DOCUMENTS: Florida statute on boat anchoring. 87 kb .pdf file
- DOCUMENTS: Marco Island ordinance on boat anchoring. 1.2 mb .pdf file
- DOCUMENTS: Defense motion to declare city ordinance unconstitutional. 2.6 mb .pdf file
- DOCUMENTS: Marco attorney response to defense motion. 960 kb .pdf file
- RELATED: Marco council decides at closed session to appeal anchoring case (11-05-07)
- RELATED: County judge set to determine fate of anchoring boats off Marco (10-11-07)
- RELATED: Dumas anchoring case: A timeline (10-11-07)
- RELATED: Marco anchoring case still afloat (09-26-07)
- RELATED: As deadline draws near for Marco anchoring case, tension finds unlikely target (09-21-07)
- RELATED: Marco anchoring hearing set (08-30-07)
- RELATED: Motion filed to declare waterways ordinance unconstitutional (04-26-07)
- RELATED: Motions scheduled today in waterways ordinance case (04-17-07)
- RELATED: Council votes to remove Diebler from Waterways committee (04-12-07)
- RELATED: Anchoring violation trial continued (03-26-07)
- RELATED: Judge postpones Marco anchoring ordinance case (03-23-07)
- RELATED: Marco police chief to attend anchoring workshop (03-13-07)
- RELATED: Marco man who intentionally violated city anchoring ordinance scheduled to stand trial next month (02-16-07)
- RELATED: Boater cited for violating waterways ordinance (01-18-07)
- POLL: Results: Should the Marco Island Waterways and Boating Safety Ordinance be declared unconstitutional?
- POLL: Results: Should a motion be filed to dismiss David Dumas' waterways ordinance case?