Beginning in 1856, the State of Florida encouraged waterfront landowners to develop their landholdings by giving them title to underwater lands they "improved." The City of West Palm Beach starting in 1946 built the Palm Harbor Marina, consisting of 5.26 acres of newly filled land and 26 acres of "improved" underwater land. The State disclaimed title to the filled lands in 1969, but later refused to disclaim title to the "improved" underwater lands. The City filed suit, and the State countersued. The trial judge ruled in favor of the State, and the Fourth District agreed.