lozman
city
riviera
beach
florida
argued
october
decided
january
petitioner
lozman
floating
home
plywood
structure
empty
bilge
space
underneath
main
floor
keep
afloat
towed
several
times
deciding
marina
owned
city
riviera
beach
city
various
disputes
lozman
unsuccessful
efforts
evict
marina
city
brought
federal
admiralty
lawsuit
rem
floating
home
seeking
lien
dockage
fees
damages
trespass
lozman
moved
dismiss
suit
lack
admiralty
jurisdiction
district
found
floating
home
vessel
rules
construction
act
defines
vessel
including
every
description
watercraft
artificial
contrivance
used
capable
used
means
transportation
water
concluded
admiralty
jurisdiction
proper
awarded
city
dockage
fees
nominal
damages
eleventh
circuit
affirmed
agreeing
home
vessel
since
capable
movement
water
despite
petitioner
subjective
intent
remain
moored
indefinitely
held
case
moot
district
ordered
floating
home
sold
city
purchased
home
auction
destroyed
sale
ordered
city
post
bond
ensure
lozman
obtain
monetary
relief
prevailed
lozman
floating
home
vessel
pp
eleventh
circuit
found
home
capable
used
means
transportation
water
float
proceed
tow
shore
connections
render
incapable
transportation
interpretation
broad
definition
transportation
conveyance
persons
things
one
place
another
must
applied
practical
way
stewart
dutra
constr
consequently
structure
fall
within
scope
statutory
phrase
unless
reasonable
observer
looking
home
physical
characteristics
activities
consider
designed
practical
degree
carrying
people
things
water
pp
fact
floats
nothing
lozman
home
suggests
designed
practical
degree
transport
persons
things
water
steering
mechanism
unraked
hull
rectangular
bottom
inches
water
capacity
generate
store
electricity
also
lacked
differing
significantly
ordinary
houseboat
pp
view
statute
consistent
text
precedent
relevant
purposes
statute
language
read
naturally
lends
interpretation
term
contrivance
refers
something
employed
contriving
effect
purpose
craft
explains
purpose
water
carriage
transport
addition
water
craft
emphasizes
point
words
used
capable
used
means
transportation
water
drive
point
home
evansville
bowling
green
packet
chero
cola
bottling
stewart
supra
support
conclusion
evansville
involved
wharfboat
floated
next
dock
used
transfer
cargo
towed
harbor
winter
stewart
involved
dredge
used
remove
silt
ocean
floor
carried
captain
crew
navigated
manipulating
anchors
cables
towed
water
transportation
primary
purpose
either
structure
neither
motion
relevant
times
sometimes
attached
ocean
bottom
land
however
stewart
dredge
regularly
primarily
used
transport
workers
equipment
water
fell
within
statutory
definition
evansville
wharfboat
designed
serve
transportation
function
lower
cases
balance
also
tend
support
conclusion
purposes
major
federal
maritime
statutes
admiralty
provisions
provide
special
attachment
procedures
lest
vessel
avoid
liability
sailing
away
recognize
sailors
face
special
perils
sea
encourage
shipowners
engage
commerce
reveal
little
reason
classify
floating
homes
vessels
finally
conclusion
consistent
state
laws
floating
home
owners
congregated
communities
pp
several
important
arguments
made
city
amici
unavailing
argue
test
may
introduce
subjective
element
vessel
determinations
considered
objective
evidence
looking
views
reasonable
observer
physical
attributes
behavior
structure
also
argue
using
criteria
abstract
complex
approach
neither
perfectly
precise
always
determinative
workable
consistent
offer
guidance
significant
number
borderline
cases
contrary
dissent
suggestion
sees
nothing
gained
remand
pp
city
additional
argument
lozman
floating
home
actually
used
transportation
water
similarly
unpersuasive
reversed
breyer
delivered
opinion
roberts
scalia
thomas
ginsburg
alito
kagan
joined
sotomayor
filed
dissenting
opinion
kennedy
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
fane
lozman
petitioner
city
riviera
beach
florida
writ
certiorari
appeals
eleventh
circuit
january
justice
breyer
delivered
opinion
rules
construction
act
defines
vessel
including
every
description
watercraft
artificial
contrivance
used
capable
used
means
transportation
water
question
us
whether
petitioner
floating
home
falls
within
terms
definition
answering
question
focus
primarily
upon
phrase
capable
used
term
encompasses
practical
possibilities
merely
theoretical
ones
stewart
dutra
constr
believe
reasonable
observer
looking
home
physical
characteristics
activities
consider
designed
practical
degree
carrying
people
things
water
consequently
conclude
floating
home
vessel
fane
lozman
petitioner
bought
floating
home
app
home
consisted
plywood
structure
french
doors
three
sides
contained
sitting
room
bedroom
closet
bathroom
kitchen
along
stairway
leading
second
level
office
space
empty
bilge
space
underneath
main
floor
kept
afloat
see
appendix
infra
photograph
buying
floating
home
lozman
towed
miles
north
bay
village
florida
moored
twice
towed
nearby
marinas
lozman
home
towed
miles
marina
owned
city
riviera
beach
city
respondent
kept
docked
brief
respondent
various
disputes
lozman
unsuccessful
efforts
evict
marina
city
brought
federal
admiralty
lawsuit
rem
floating
home
sought
maritime
lien
dockage
fees
damages
trespass
see
federal
maritime
lien
act
authorizing
federal
maritime
lien
vessel
collect
debts
owed
provision
necessaries
vessel
civil
admiralty
jurisdiction
see
also
leon
galceran
wall
rock
island
bridge
wall
lozman
acting
pro
se
asked
district
dismiss
suit
ground
lacked
admiralty
jurisdiction
see
record
doc
summary
judgment
proceedings
found
floating
home
vessel
concluded
admiralty
jurisdiction
consequently
proper
pet
cert
judge
conducted
bench
trial
merits
awarded
city
dockage
along
nominal
damages
trespass
appeal
eleventh
circuit
affirmed
riviera
beach
certain
unnamed
gray
vessel
approximately
feet
length
agreed
district
home
vessel
view
home
capable
movement
water
owner
subjective
intent
remain
moored
indefinitely
dock
show
contrary
lozman
sought
certiorari
light
uncertainty
among
circuits
application
term
capable
granted
petition
compare
de
la
rosa
charles
gaming
structure
vessel
physically
theoretical
ly
capable
sailing
owner
intends
moor
indefinitely
floating
casino
board
leans
levee
dist
belle
orleans
structure
vessel
capable
moving
water
tow
albeit
detriment
despite
intent
moor
indefinitely
see
also
rejecting
views
circuits
intent
ii
outset
consider
one
threshold
matter
district
ordered
floating
home
sold
satisfy
city
judgment
city
bought
home
public
auction
subsequently
destroyed
parties
filed
merits
briefs
ordered
briefing
question
mootness
light
home
destruction
parties
pointed
prior
home
sale
district
ordered
city
post
bond
secure
lozman
value
vessel
record
doc
bond
ensures
lozman
obtain
monetary
relief
ultimately
prevails
consequently
agree
parties
case
moot
iii
focus
primarily
upon
statutory
phrase
capable
used
means
transportation
water
appeals
found
home
capable
transportation
float
proceed
tow
shore
connections
power
cable
water
hose
rope
lines
incapable
transportation
movement
quoting
belle
orleans
supra
turn
quoting
stewart
least
argument
sake
agree
appeals
point
namely
lozman
shore
connections
home
incapable
transportation
unlike
eleventh
circuit
find
considerations
even
combined
home
characteristics
sufficient
show
lozman
home
vessel
appeals
recognized
applied
term
capable
broadly
indeed
pointed
approval
language
earlier
case
burks
american
river
transp
fifth
circuit
said
doubt
three
men
tub
also
fit
within
definition
one
probably
make
convincing
case
jonah
inside
whale
brackets
omitted
quoting
burks
supra
eleventh
circuit
interpretation
broad
every
floating
structure
vessel
state
obvious
wooden
washtub
plastic
dishpan
swimming
platform
pontoons
large
fishing
net
door
taken
hinges
pinocchio
inside
whale
vessels
even
artificial
contrivance
capable
floating
moving
tow
incidentally
carrying
even
item
two
rather
statute
applies
artificial
contrivance
capable
used
means
transportation
water
emphasis
added
ransportation
involves
conveyance
things
persons
one
place
another
oxford
english
dictionary
ed
oed
accord
webster
american
dictionary
english
language
goodrich
porter
eds
act
transporting
carrying
conveying
one
place
another
must
apply
definition
practical
theoretical
way
stewart
supra
consequently
view
structure
fall
within
scope
statutory
phrase
unless
reasonable
observer
looking
home
physical
characteristics
activities
consider
designed
practical
degree
carrying
people
things
water
though
criterion
general
facts
case
illustrate
specifically
mind
fact
floats
nothing
lozman
home
suggests
designed
practical
degree
transport
persons
things
water
rudder
steering
mechanism
hull
unraked
rectangular
bottom
inches
water
brief
petitioner
app
special
capacity
generate
store
electricity
obtain
utility
ongoing
connections
land
small
rooms
looked
like
ordinary
nonmaritime
living
quarters
inside
rooms
looked
upon
world
watertight
portholes
french
doors
ordinary
windows
although
lack
dispositive
robert
parsons
may
relevant
physical
characteristic
lozman
home
differs
significantly
ordinary
houseboat
ability
propel
cf
cfr
houseboat
means
motorized
vessel
designed
primarily
accommodation
spaces
low
freeboard
little
foredeck
cockpit
emphasis
added
lozman
home
able
travel
water
towed
prior
arrest
home
travel
tow
water
took
place
four
occasions
period
seven
years
supra
home
towed
significant
distance
towing
company
second
boat
follow
behind
prevent
home
swinging
dangerously
side
side
app
home
feature
might
suggest
design
transport
water
anything
furnishings
related
personal
effects
word
find
nothing
home
lead
reasonable
observer
consider
designed
practical
degree
transportation
water
view
statute
consistent
text
precedent
relevant
purposes
one
thing
statute
language
read
naturally
lends
interpretation
concede
statute
uses
word
every
referring
every
description
watercraft
artificial
contrivance
emphasis
added
term
contrivance
refers
something
contrived
employed
contriving
effect
purpose
oed
def
term
craft
explains
purpose
water
carriage
transport
def
defining
craft
vesse
purpose
word
water
craft
yielding
term
watercraft
emphasizes
point
next
words
used
capable
used
means
transportation
water
drive
point
home
another
thing
bulk
precedent
supports
conclusion
evansville
bowling
green
packet
chero
cola
bottling
held
wharfboat
vessel
wharfboat
floated
next
dock
used
transfer
cargo
ship
dock
ship
ship
connected
dock
cables
utility
lines
ramp
time
capable
towed
towed
winter
harbor
avoid
river
ice
reasoned
despite
annual
movement
tow
wharfboat
used
carry
freight
one
place
another
encounter
perils
navigation
craft
used
transportation
exposed
see
appendix
infra
photograph
period
wharfboat
reasoning
stewart
also
supports
conclusion
considered
application
statutory
definition
dredge
dredge
massive
floating
platform
suspended
clamshell
bucket
remov
silt
ocean
floor
depositing
onto
one
two
scows
floating
alongside
dredge
like
traditional
seagoing
vessels
dredge
captain
crew
navigational
lights
ballast
tanks
crew
dining
area
ibid
unlike
ordinary
vessels
navigate
manipulating
anchors
cables
towed
ibid
nonetheless
move
fact
moved
water
every
couple
hours
held
dredge
vessel
wrote
definition
merely
codified
meaning
term
acquired
general
maritime
law
added
question
watercraft
use
means
transportation
water
practical
merely
theoretical
pointed
cases
holding
dredges
ordinarily
served
waterborne
transportation
function
namely
performing
work
carried
machinery
equipment
crew
water
citing
butler
ellis
appeals
pointed
stewart
also
wrote
require
watercraft
used
primarily
transportation
purpose
watercraft
need
motion
qualify
vessel
ibid
structure
may
qualify
vessel
even
attached
permanently
attached
land
ocean
floor
take
statements
however
implying
universal
set
sufficient
conditions
application
definition
rather
say
mean
statutory
definition
may
may
apply
automatically
must
apply
structure
primary
purpose
stationary
relevant
times
attached
permanently
attached
land
washtub
normally
vessel
though
water
transportation
primary
purpose
may
stationary
much
time
might
attached
permanently
attached
land
point
water
transportation
primary
purpose
either
stewart
dredge
evansville
wharfboat
neither
structure
motion
relevant
times
sometimes
attached
though
permanently
attached
ocean
bottom
land
nonetheless
stewart
dredge
fell
within
statute
definition
evansville
wharfboat
basic
difference
believe
dredge
regularly
primarily
used
designed
part
used
transport
workers
equipment
water
wharfboat
designed
practical
degree
serve
transportation
function
compare
cope
vallette
dry
dock
floating
drydock
vessel
permanently
fixed
wharf
jerome
grubart
great
lakes
dredge
dock
barge
sometimes
attached
river
bottom
use
work
platform
remains
vessel
times
used
transportation
see
also
ibid
citing
great
lakes
dredge
dock
chicago
craft
purpose
reasonable
degree
transportation
passengers
cargo
equipment
place
place
across
navigable
cope
supra
describing
potentially
vessel
navigable
structure
used
purpose
transportation
cf
benedict
admiralty
rev
ed
maritime
jurisdiction
proper
craft
navigable
structure
intended
maritime
transportation
lower
cases
also
tend
balance
support
conclusion
see
bernard
binnings
constr
work
punt
lacking
features
objectively
indicating
transportation
function
vessel
decisions
make
clear
mere
capacity
float
move
across
navigable
waters
necessarily
make
structure
vessel
ruddiman
scow
platform
sdny
scow
though
capable
towed
though
without
difficulty
clumsy
structure
floating
box
vessel
designed
used
purpose
navigation
engaged
transportation
persons
cargo
motive
power
rudder
sails
see
also
schoenbaum
admiralty
maritime
law
ed
courts
found
floating
floating
platforms
barges
rafts
used
construction
repair
piers
docks
bridges
pipelines
similar
facilities
vessels
benedict
american
admiralty
rev
ed
defining
vessel
adapted
transportation
rivers
seas
recognize
lower
opinions
read
endorsing
anything
floats
approach
see
miami
river
boat
yard
houseboat
houseboat
lacking
sea
village
marina
llc
carlcraft
houseboat
wl
nj
following
miami
river
boat
yard
hudson
harbor
street
boat
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sea
casa
supp
sdny
cf
holmes
atlantic
sounding
floating
dormitory
summerlin
massman
constr
derrick
anchored
river
engaged
building
bridge
vessel
reasons
stated
find
approach
inappropriate
inconsistent
precedents
examination
purposes
major
federal
maritime
statutes
reveals
little
reason
classify
floating
homes
vessels
admiralty
law
example
provides
special
attachment
procedures
lest
vessel
avoid
liability
sailing
away
ed
supp
iv
liability
statutes
jones
act
recognize
sailors
face
special
sea
chandris
latsis
referring
certain
admiralty
tort
doctrines
encourage
shipowners
engage
commerce
executive
jet
aviation
cleveland
maritime
safety
statutes
subject
vessels
coast
guard
inspections
lozman
however
easily
escape
liability
sailing
away
home
faces
special
sea
dangers
significantly
engage
commerce
solicitor
general
tells
us
adopt
version
anything
floats
test
place
unnecessary
undesirable
inspection
burdens
upon
coast
guard
brief
amicus
curiae
finally
conclusion
consistent
state
laws
floating
home
owners
congregated
communities
see
brief
seattle
floating
homes
association
et
al
amici
curiae
washington
state
environmental
statute
example
defines
floating
home
regulatory
purposes
dwelling
unit
constructed
float
moored
anchored
otherwise
secured
waters
vessel
even
though
may
capable
towed
rev
code
ann
ii
supp
california
statute
defines
floating
home
tax
purposes
floating
structure
designed
built
used
modified
used
stationary
waterborne
residential
dwelling
unlike
typical
houseboat
independent
power
generation
dependent
shore
utilities
cal
health
safety
code
ann
west
told
treat
structures
meet
floating
home
definitions
like
ordinary
homes
rather
like
vessels
brief
seattle
floating
homes
association
consistency
interpretation
related
state
federal
laws
virtue
helps
create
simplicity
making
law
easier
understand
follow
lawyers
nonlawyers
alike
consideration
supports
conclusion
city
supporting
amici
make
several
important
arguments
warrant
response
first
argue
use
test
lest
introduce
vessel
determinations
subjective
element
namely
owner
intent
element
say
often
unverifiable
easily
manipulated
introduction
foment
unpredictability
invite
gamesmanship
brief
respondent
agree
city
need
eliminate
consideration
evidence
subjective
intent
agree
need
requires
abandonment
criteria
based
purpose
cf
stewart
discussing
transportation
purpose
indeed
difficult
impossible
determine
use
human
contrivance
without
consideration
human
purposes
time
sought
avoid
subjective
elements
owner
intent
permitting
consideration
objective
evidence
waterborne
transportation
purpose
referred
views
reasonable
observer
supra
looked
physical
attributes
behavior
structure
objective
manifestations
relevant
purpose
subjective
intent
owner
supra
note
various
admiralty
treatises
refer
use
tests
without
suggestion
administration
tests
introduced
much
subjectivity
process
benedict
admiralty
admiralty
maritime
law
second
city
support
amici
argues
use
criteria
abstract
complex
brief
respondent
jurisdiction
admiralty
jurisdiction
may
turn
application
term
vessel
jurisdictional
tests
often
applied
outset
case
simple
possible
hertz
friend
slip
agree
sentiment
also
understand
approach
neither
perfectly
always
determinative
satisfaction
criterion
example
always
sufficient
application
statutory
word
vessel
craft
whose
physical
characteristics
activities
objectively
evidence
waterborne
transportation
purpose
function
may
still
rendered
nonvessel
later
physical
alterations
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marina
response
legal
dispute
exactly
kind
problem
federal
maritime
lien
act
intended
address
see
dampskibsselskabet
dannebrog
signal
oil
gas