Arnold v. JLM Investment Associates Ltd. Partnership

FARMER, J. The trial court properly admitted evidence to explain an ambiguity arising from the following provision from the Declaration of Restrictions for Jonathan’s Landing: “That area designated as a marina in the Southeast portion of the Master Land Use Plan shall be operated as a marina for the purchase, sale, storage, docking, care, maintenance and repairing of boats or any lawful business incident thereto.” [e.s.] The meaning of the phrase “or any lawful business incident thereto” is not clear. What constitutes a business “incidental” to a marina is not subject to a single meaning as a matter of law. We distinguish our decision in Stuart Sportfishing Inc. v. Kehoe, 541 So.2d 169 (Fla. 4th DCA 1989), where the limiting provisions was: “light marine related business such as marine- electronics, sales of new and used boats, ships store, marine canvas, bait shop, and/or similar ones which would be permitted under the current zoning of the property.” [e.s.] We applied the principle of ejusdem gener-is because the listing following the initial term was intended to constitute a limitation to the “light marine related business.” In the present case, the additional phrase “or any lawful business incident thereto” was intended to introduce an additional category of “incidental” uses. A restaurant/bar can legally be not related to a “light marine” business but at the same time factually “incidental” to a standard (i.e., not “light”) marine usage, as defined by the provision we construe today. The evidence at trial supports the trial judge’s conclusion that a 100-seat restaurant and bar could be reasonably incidental to the operation of a “marina for the purchase, sale, storage, docking, care, maintenance and repairing of boats.” AFFIRMED. GUNTHER and GROSS, JJ., concur.