Windermere sues boathouse owners again

The town of Windermere is suing the boathouse owners once again. 

This time, the town is suing regarding the land and water surrounding the boathouses, focusing on the land between the lagoon that feeds into Lake Butler, Pine Street and Third Avenue, aka the lagoon upland. 

The five boathouses the owners and the town have been fighting over for decades are situated on the northwest side of the lagoon. 

Although the town has paid taxes on the lagoon upland for years, the town claims in the lawsuit, which was filed Wednesday, June 10, that a 2022 lawsuit the town filed against the boathouse owners created ambiguity over who owns the lagoon and lagoon upland, and as a result, who is required to perform required maintenance on the lagoon upland as well as ensure safe ingress and egress and overall navigability of the lagoon. 

"This ambiguity as to ownership of the lagoon upland and lagoon has left the town in doubt as to who bears responsibility for those lands, including an obligation to continue paying taxes on and whether to maintain them, thus creating a significant issue of public safety," the lawsuit reads. 

The lawsuit states the ambiguity in ownership would likely result in the property falling into disrepair, creating a public nuisance or hazard, because the owners of the area have an obligation to maintain them.

The town alleged in its filing that the boathouse owners now are claiming ownership of portions of the lagoon upland while the town believes it owns the entire lagoon upland. 

This lawsuit comes after the town appealed a signed order from Ninth Circuit Judge John E. Jordan in October in favor of the five titled owners of the boathouses. The town appealed the decision to the Sixth District court of Appeal in November after the final judgment was rendered Nov. 19, 2025. 

The town and the boathouse owners entered virtual mediation in February, but Windermere Town Council voted down in March two offers to resolve the town's ongoing litigation. 

Jordan granted a motion Monday, May 4, ordering the town to pay for the boathouse owners' attorneys' fees and costs, and the town filed a motion for reconsideration of the decision Tuesday, May 19. Jordan denied the town's motion Wednesday, May 20.