for determining losses at properties. Appendix C contains a compilation of major storms that 

 have impacted the coast of Brevard County. Photographic documentation of the present and past 

 condition of the beach is contained in Appendix D. Appendix E contains plots of time series of 

 water level, wave height, and wave period for three storms selected to examine storm-induced 

 beach erosion at the properties of the two test plaintiffs. Appendix E also lists the extreme water 

 levels at Fernandina, Florida, and Mayport, Florida. Appendix F documents the background of 

 the Federal navigation project at Canaveral Harbor and the Federal shore-protection project for 

 Brevard County, Florida. 



1.2. Plaintiffs 



Figure 1-1 displays the number of plaintiffs by year of purchase for each respective property. 

 At the earliest dates, one plaintiff purchased on May 8, 1951 (Eberwein, Plaintiff No. 8), and 

 another plaintiff purchased on the combined dates of August 11, 1950, and June 26, 1952 

 (McLeod, G. M. Trust, D/B/A Winslow Beach Gardens Apartments, Plaintiff No. 112). 

 Approximately 90% of the plaintiffs purchased their property since 1972. Specifically, 2% were 

 purchased from 1950 to 1959, 6% from 1960 to 1969, 22% from 1970 to 1979, 45% from 1980 

 to 1989, and 25% from 1990 to 1995. 



In the course of Court proceedings, two test plaintiffs were selected for determining the 

 Government's liability and establishing methodologies for assessing damages. The test plaintiffs 

 are (l)(Don and Gale) Applegate (Plaintiff No. 1, 615 Washington Avenue, City of Cape 

 Canaveral, FL 32920) and (2) Noro and Co., Inc., (Plaintiff No. 294, Pelican Landing Resort 

 1201 S. Atlantic Avenue, Cocoa Beach, FL 32931). The two test plaintiffs will be referred to as 

 "Applegate" and "Noro," respectively, in this report. These properties and their beach setting, 

 including shoreline change and beach-volume change, are described in Chapter 4 (with additional 

 photographs contained in Appendix D). 



The Applegates purchased on August 12, 1981, and, until recently, a two-story family 



.5 



residence (that was uninhabited and in disrepair for several years) was located on this property. 

 Figure 1-2 is a photograph of the Applegate property and the protective rubble and structures that 



On January 23, 1997, the City of Cape Canaveral Building Inspector and a City-contracted engineer conducted a site 

 inspection of the Applegate property. The City issued a Notice of Unsafe Structure on February 2, 1997, which 

 Mr. Applegate appealed at the City of Cape Canaveral Construction Board of Adjustments and Appeals. The Board denied 

 the appeal on May 8, 1997, and ordered Mr. Applegate to come into compliance by June 9, 1997. Because Mr. Applegate 

 did not take any action to fix or remove the structure by June 9, 1997, the City issued a request for demolition on July 14, 

 1997. On July 31, 1997, the City of Cape Canaveral issued a demolition permit to Mr. Applegate for removal of the 

 structure. The City of Cape Canaveral Building Inspector conducted an inspection of the property on September 26, 1997, 

 and found that portions of the structure still remained, including large parts of the foundation and the slab (See Figures 4-3 

 and 4-4). The rubble mound seaward of the structure was not removed and, on November 19, 1997, the FDEP issued a 

 letter to Mr. Applegate requesting removal of the rubble on the seaward side of the property in accordance with Chapter 

 161 .061 , F.S. The FDEP and the City of Cape Canaveral issued permits, and the work was completed on March 7, 1 998. 

 Presently, there are no structures or rubble on the Applegate property. 



1-2 



Chapter 1 Introduction 



