TAILIEUCHUNG - CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

While coverage has improved in the provision of education, health and sanitation services, concerns remain with regard to quality and sustainability as well as equitable access, both geographically and socially. Under the NDP, the Government proposes to increase the involvement of local community organisations to ensure that, through “social control”, social services are more accountable to end-users. In addition, the Government plans a critical review of existing reform processes in the social sectors. The wide disparities between regions and between urban and rural areas mean that rural areas have the least access to all these services,. | Slip Opinion OCTOBER TERM 2012 1 Syllabus NOTE Where it is feasible a syllabus headnote will be released as is being done in connection with this case at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber Lumber Co. 200 U. S. 321 337. SUPREME COURT OF THE UNITED STATES Syllabus LOZMAN v. CITY OF RIVIERA BEACH FLORIDA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-626. Argued October 1 2012 Decided January 15 2013 Petitioner Lozman s floating home was a house-like plywood structure with empty bilge space underneath the main floor to keep it afloat. He had it towed several times before deciding on a marina owned by the city of Riviera Beach City . After various disputes with Lozman and unsuccessful efforts to evict him from the marina the City brought a federal admiralty lawsuit in rem against the floating home seeking a lien for dockage fees and damages for trespass. Lozman moved to dismiss the suit for lack of admiralty jurisdiction. The District Court found the floating home to be a vessel under the Rules of Construction Act which defines a vessel as including every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water 1 U. S. C. 3 concluded that admiralty jurisdiction was proper and awarded the City dockage fees and nominal damages. The Eleventh Circuit affirmed agreeing that the home was a vessel since it was capable of movement over water despite petitioner s subjective intent to remain moored indefinitely. Held 1. This case is not moot. The District Court ordered the floating home sold and the City purchased the home at auction and had it destroyed. Before the sale the court ordered the City to post a bond to ensure Lozman could obtain monetary relief if he prevailed. P. 3. 2. Lozman s floating

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