The tangle over ownership of Wisteria Island is back in court

The decades-long battle between the federal government and a developer over ownership of Wisteria Island in Key West Harbor is expected to continue in the 11th Circuit Court of Appeals later this month.

Oral arguments in the case of the 22-acre island are scheduled for Jan. 27 in Miami.

In July 2012, Roger Bernstein and his FEB Corp. sought permission from the Monroe County Planning Commission to build 35 market-rate homes, 35 transient homes, five workforce houses, a bar, restaurant, retail component and upland facilities to support a field of more than 100 mooring balls.

It would be similar to the upscale Sunset Key (formerly Tank Island) that's also in the harbor.

The government claimed ownership of the 22-acre island and FEB sued in August 2012, claiming it's the owner. It says it purchased the island in the 1960s. About eight years ago, it began a push to develop the property.

However, U.S. District Court Judge Jose E. Martinez denied FEB's request last March for a summary judgment that it owns the island and wrote that "this case is closed and all pending motions are denied as moot."

The history of Wisteria, formerly known as Christmas Tree Island, goes back to before the Civil War.

This story was originally published January 15, 2016 at 8:38 PM with the headline "The tangle over ownership of Wisteria Island is back in court."