A couple who have rented out their property in Santa Rosa Beach for weddings have sued Walton County, alleging that fines levied against them are unconstitutional. Karen and T. Reppard Bennett filed their complaint Thursday in Walton County Circuit Court. It is the latest action in a long-running dispute between the couple and county officials over weddings held on the Bennetts’ property on County Road 30A.
The Bennetts, owners of Pearly White Properties, are seeking damages and compensation in excess of $15,000 from the county....
The complaint states the Bennetts have been cited for code violations because they have used their property for “nonresidential uses.”
As of May, they had accrued $22,500 in fines after they were cited April 5 for renting their property for a wedding.
The Bennetts’ lawsuit was “forced” by the county’s position that renters of the property are banned from holding weddings or events, although no other properties have been so restricted and nothing in the county’s ordinances authorizes such a ban, according to Giesler.
“This is really more than the wedding issue,” he said. “It’s about whether Walton residents are governed by laws that apply to everybody or by the whims of some politicians and government workers. We’re not content to let a county attorney and a local code enforcement board have the final say on matters of federal constitution.”
Gerry Demers, the acting county administrator, said the Bennetts have challenged actions by the Department of Code Enforcement previously and lost.
“The judge will most likely make a decision, and if they lose then the Code Enforcement action stands” Demers said. “If they win, they go back for a rehearing (with the Code Enforcement Board.)”
KurtKurtAdminSoWal2,472 postsJoined View profileMessageAdmin
KurtAdminSoWal2,472 postsJoined View profileMessageAdmin10,065 views
http://www.nwfdailynews.com/news/nwfdailynews-41134-bennett-property.html
Replies
38
scooterbug44scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal Expert
scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal ExpertI loved this bit: "The term "non-residential uses" in the Land Development Code, even though undefined is not unconstitutionally vague, as the Code gives a person of ordinary intelligence fair notice of what conduct is forbidden."
I know it's legalese, but it still amuses me and jibes with what I have been saying all along.
Unless you're a total dumbarse, you know what a non-residential use is.
Don't quite understand why they think they will be successful in suing. The earlier decision was reaffirmed by the court and the basic facts were not in dispute.
I know it's legalese, but it still amuses me and jibes with what I have been saying all along.
Unless you're a total dumbarse, you know what a non-residential use is.
Don't quite understand why they think they will be successful in suing. The earlier decision was reaffirmed by the court and the basic facts were not in dispute.
Edited
Andy AAndy ABeach FanaticBlue Mountain Beach4,389 postsJoined View profileMessageBeach Fanatic
Andy ABeach FanaticBlue Mountain Beach4,389 postsJoined View profileMessageBeach FanaticHas anyone considered this? The Bennett's are evidently in violation of a court order, ordinances and the land use code yet an attorney has taken their case instead of advising them they are in error. It points out a flaw that I believe is far too prevalent in our legal system today. Instead of advising clients when a case will probably be considered frivolous or unwinnable, attorneys will take it and the bucks of those pursuing it. I may be wrong, but I believe judges should throw a lot more cases out of court than they are presently. The ads for civil lawsuits on TV drive me crazy and it is my belief they cost everyone money that doesn't need to be spent.
scooterbug44scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal Expert
scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal ExpertAndy, I have a book called "The Death of Common sense, how Law is Suffocating America" on my reading list. I will pass it along when I am finished if you want.
Excessive litigation and bureacracy is stifling initiative, and leaves no room for common sense.
Most of the recent issues in Sowal are great examples of this.
Excessive litigation and bureacracy is stifling initiative, and leaves no room for common sense.
Most of the recent issues in Sowal are great examples of this.
Bob HudsonBob HudsonBeach FanaticSanta Rosa Beach1,066 postsJoined View profileMessageBeach Fanatic
Bob HudsonBeach FanaticSanta Rosa Beach1,066 postsJoined View profileMessageBeach Fanatic#303
Thought you might like to read the latest suit file by the Bennett's.
Sorry to split into three parts but the file was to large to upload.
View attachment Complaint1_Part1.pdf
View attachment Complaint1_Part2.pdf
View attachment Complaint1_Part3.pdf
Enjoy !
Sorry to split into three parts but the file was to large to upload.
View attachment Complaint1_Part1.pdf
View attachment Complaint1_Part2.pdf
View attachment Complaint1_Part3.pdf
Enjoy !
30ashopper30ashopperSoWal InsiderRight here!6,845 postsJoined View profileMessageSoWal Insider
30ashopperSoWal InsiderRight here!6,845 postsJoined View profileMessageSoWal InsiderThought you might like to read the latest suit file by the Bennett's.
Sorry to split into three parts but the file was to large to upload.
View attachment 24766
View attachment 24767
View attachment 24768
Enjoy !
The outcome here may be very good regardless of who wins in that it may force the county to finally clarify the code.
lenzoelenzoeBeach FanaticAtlanta/Seagrove595 postsJoined View profileMessageBeach Fanatic
lenzoeBeach FanaticAtlanta/Seagrove595 postsJoined View profileMessageBeach FanaticI wish the wedding folks would stop framing this as business vs. hypothetical grouchy old geezers. The fact is that tourists come here on vacation, and many of them want to relax when they are here. You won't hear from the unhappy family that landed next to one of the all-night wedding parties because they are long gone. They won't be turning up at Walton County hearings and they won't be writing letters to the local papers. They will be planning their next vacation somewhere else.
I completely agree. I can't imagine arriving at my vacation rental and discovering I had to endure a wedding party with a bunch of drunken strangers next door for the evening.
At the same time, I wish the "wedding ordinance" folks would stop trying to use this as an opportunity to create more unneeded legislation and bureaucracy governing short-term rentals (i.e., the certificate of land use ordinance). The fact the county can and has fined these people and that courts are upholding those fines shows the existing ordinances work if they are enforced.
Edited
Abby PrentissAbby PrentissBeach Fanatic577 postsJoined View profileMessageBeach Fanatic
Abby PrentissBeach Fanatic577 postsJoined View profileMessageBeach FanaticFrom Karen Bennett, co-owner of Pearly White Properties, LLC, which was given a $22,500 fine after Walton County code enforcement found her in non-compliance for allegedly conducting non-residential activities at a home..............
You need to be aware of the fact that the Walton County Code Enforcement Board, which is a board appointed by the Walton County Commissioners, has decided to make up their own rules and regulations to impose on Walton County property owners.
For many years, property owners have been able to rent out their houses to various types of renters, including vacationers, wedding groups, family reunions, golfing groups, corporate retreats and anyone wanting to celebrate a birthday, anniversary or any other special occasion. This is a given right for anyone who owns a house and to rent your own property is not considered a “commercial act or activity. “
The Walton County Commissioners have toyed with the idea of regulating how owners rent out their properties to no avail.
Instead, the volunteer-based, Walton County Code Enforcement Board has decided how this issue should be handled and has decided that weddings, and other such events, are considered “non-residential” and are no longer allowed to be held at rental beach houses. How can this be, since weddings, birthday parties, celebrations, etc. are held at homes all the time, which is what most reasonable and sensible people would define as a “residential activity?”
So, many of us have asked for quite some time, “What activities are considered “residential” since it is not explained in any of the Walton County Code books or anywhere else?” Is having a cookout or celebrating your child’s birthday party, considered a “residential activity?” According to the Walton County Code Enforcement Board, even these types of events may not be considered a residential activity. What is their reasoning, you might ask? What else is not allowed, then?
I thought the United States Constitution provided for the right to assemble!
No one within Walton County staff will answer the many questions asked about what criteria is being used to establish and create this new regulation. Again, it is not stated anywhere in the code books. You just have to be able to read Code Enforcement’s minds.
I was told my property was in “non-compliance” since “non-residential activities” were being conducted on a residentially-zoned property. When I asked Code Enforcement how the property could come into compliance, I was told to eliminate two sentences from my rental website.
Since when does Walton County Code Enforcement have the authority to tell property owners how they can advertise? Advertising is protected under the constitutional right of freedom of speech, and nowhere in the Walton County codes does it state that Code Enforcement has this right.
Begrudgingly, I made the changes and was told my property was “in compliance.” Two weeks later, Code Enforcement told me the same property was NOT in compliance now, because rental guests had a wedding event on the property. Are they just making up new rules each week? Sounds like harassment to me!
In conclusion, if you are a rental property owner, you should be very careful when renting out your property. According to Walton County, if your guests are having a “gathering”, then YOU are violating the NEW Walton County codes and YOU will be held responsible.
So screen all renters! If you work with a rental company to rent out your property, make sure they are screening your rental guests too, because you are ultimately responsible for the activities of your guests if they have an “event” — even if you aren’t aware of it.
Here is the most important piece of this intriguing puzzle: As of June 3, 2011, the State of Florida passed a new law, which essentially states that a rental property cannot be treated any differently than a non-rental property. So, what that means to you non-rental property owners is that if a rental beach house is not allowed to host weddings and other special events then, neither can you! That includes all "gatherings," parties and celebrations!
If you don’t like how Walton County is taking away your property rights, you should contact Walton County and let them know. Feel free to email the following Walton County staff:
•Mac Carpenter at carmac@co.walton.fl.us
•Greg Kisela at kisgreg@co.walton.fl.us
•Lynn Hoshira at hoslynn@co.walton.fl.us
•Wayne Dyess at dyewayne@co.walton.fl.us
You need to be aware of the fact that the Walton County Code Enforcement Board, which is a board appointed by the Walton County Commissioners, has decided to make up their own rules and regulations to impose on Walton County property owners.
For many years, property owners have been able to rent out their houses to various types of renters, including vacationers, wedding groups, family reunions, golfing groups, corporate retreats and anyone wanting to celebrate a birthday, anniversary or any other special occasion. This is a given right for anyone who owns a house and to rent your own property is not considered a “commercial act or activity. “
The Walton County Commissioners have toyed with the idea of regulating how owners rent out their properties to no avail.
Instead, the volunteer-based, Walton County Code Enforcement Board has decided how this issue should be handled and has decided that weddings, and other such events, are considered “non-residential” and are no longer allowed to be held at rental beach houses. How can this be, since weddings, birthday parties, celebrations, etc. are held at homes all the time, which is what most reasonable and sensible people would define as a “residential activity?”
So, many of us have asked for quite some time, “What activities are considered “residential” since it is not explained in any of the Walton County Code books or anywhere else?” Is having a cookout or celebrating your child’s birthday party, considered a “residential activity?” According to the Walton County Code Enforcement Board, even these types of events may not be considered a residential activity. What is their reasoning, you might ask? What else is not allowed, then?
I thought the United States Constitution provided for the right to assemble!
No one within Walton County staff will answer the many questions asked about what criteria is being used to establish and create this new regulation. Again, it is not stated anywhere in the code books. You just have to be able to read Code Enforcement’s minds.
I was told my property was in “non-compliance” since “non-residential activities” were being conducted on a residentially-zoned property. When I asked Code Enforcement how the property could come into compliance, I was told to eliminate two sentences from my rental website.
Since when does Walton County Code Enforcement have the authority to tell property owners how they can advertise? Advertising is protected under the constitutional right of freedom of speech, and nowhere in the Walton County codes does it state that Code Enforcement has this right.
Begrudgingly, I made the changes and was told my property was “in compliance.” Two weeks later, Code Enforcement told me the same property was NOT in compliance now, because rental guests had a wedding event on the property. Are they just making up new rules each week? Sounds like harassment to me!
In conclusion, if you are a rental property owner, you should be very careful when renting out your property. According to Walton County, if your guests are having a “gathering”, then YOU are violating the NEW Walton County codes and YOU will be held responsible.
So screen all renters! If you work with a rental company to rent out your property, make sure they are screening your rental guests too, because you are ultimately responsible for the activities of your guests if they have an “event” — even if you aren’t aware of it.
Here is the most important piece of this intriguing puzzle: As of June 3, 2011, the State of Florida passed a new law, which essentially states that a rental property cannot be treated any differently than a non-rental property. So, what that means to you non-rental property owners is that if a rental beach house is not allowed to host weddings and other special events then, neither can you! That includes all "gatherings," parties and celebrations!
If you don’t like how Walton County is taking away your property rights, you should contact Walton County and let them know. Feel free to email the following Walton County staff:
•Mac Carpenter at carmac@co.walton.fl.us
•Greg Kisela at kisgreg@co.walton.fl.us
•Lynn Hoshira at hoslynn@co.walton.fl.us
•Wayne Dyess at dyewayne@co.walton.fl.us
scooterbug44scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal Expert
scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal ExpertSorry, but the whole issue is ridiculous.
Only in Sowal is regularly renting out a residential property in a residential neighborhood as a commercial events venue a constitutional right.
If they really want to rent out these establishments, how about they be required to have enough parking, meet fire codes, and satisfy all the food safety guidelines.
Only in Sowal is regularly renting out a residential property in a residential neighborhood as a commercial events venue a constitutional right.
If they really want to rent out these establishments, how about they be required to have enough parking, meet fire codes, and satisfy all the food safety guidelines.
seagrovegirlseagrovegirlBeach FanaticHistoric Old Point Washington3,828 postsJoined View profileMessageBeach Fanatic
seagrovegirlBeach FanaticHistoric Old Point Washington3,828 postsJoined View profileMessageBeach FanaticResidential properties do not have weekly weddings, or large gathering events every weekend or even twice in a weekend. Every year we have a large gathering in our home for Thanksgiving, that is ONCE a year and we do not inconvenience our fellow neighbors with noise or parking issues.
Being considerate and using common sense has gone out the window with the Pearlie White Group. Rental agencies typically screen guests on the amount of people, adults and children, that will occupy the property. That means there are enough beds and parking to accommodate the guests. Sometimes the rules are broken by the guests but that is usually corrected quickly by the rental agency by asking the guests to adjust or leave.
To have a "convention center" next door to a residental home or in a residential community is absurd as the WC Judicial Court has agreed and so has the Apellate Court.
If all this legal whining or wrangling means that I need a permit to have a Thanksgiving event once a year in my neighborhood, then so be it. Especially if it keeps those that abuse the system and our community for their lack of foresight and thoughtlessness in check.
Being considerate and using common sense has gone out the window with the Pearlie White Group. Rental agencies typically screen guests on the amount of people, adults and children, that will occupy the property. That means there are enough beds and parking to accommodate the guests. Sometimes the rules are broken by the guests but that is usually corrected quickly by the rental agency by asking the guests to adjust or leave.
To have a "convention center" next door to a residental home or in a residential community is absurd as the WC Judicial Court has agreed and so has the Apellate Court.
If all this legal whining or wrangling means that I need a permit to have a Thanksgiving event once a year in my neighborhood, then so be it. Especially if it keeps those that abuse the system and our community for their lack of foresight and thoughtlessness in check.
tsutclitsutcliBeach FanaticSeacrest914 postsJoined View profileMessageBeach Fanatic
tsutcliBeach FanaticSeacrest914 postsJoined View profileMessageBeach FanaticI completely agree. I can't imagine arriving at my vacation rental and discovering I had to endure a wedding party with a bunch of drunken strangers next door for the evening.
At the same time, I wish the "wedding ordinance" folks would stop trying to use this as an opportunity to create more unneeded legislation and bureaucracy governing short-term rentals (i.e., the certificate of land use ordinance). The fact the county can and has fined these people and that courts are upholding those fines shows the existing ordinances work if they are enforced.
Chances are good that the party would have been going on for days/nights prior to the wedding night. If you happen to be the unfortunate nearby rental you could have your whole vacation ruined and probably never return to SOWAL.
JdargJdargSoWal Expert18,040 postsJoined View profileMessageSoWal Expert
JdargSoWal Expert18,040 postsJoined View profileMessageSoWal ExpertChances are good that the party would have been going on for days/nights prior to the wedding night. If you happen to be the unfortunate nearby rental you could have your whole vacation ruined and probably never return to SOWAL.
I am thankful we were vacationing here when this kind of thing was NOT happening. I would have had a cow if a big wedding bash was going on next to us- when we had little kids and our "party" (such as it was) ended at 8 pm and we went to bed BECAUSE WE WERE ON VACATION AND WANTED SOME PEACE AND QUIET.
Sorry- have felt the caps were necessary lately. Kinda over the people who might drive the bread and butter, long-time tourist families away. SoWal didn't need the super-size wedding business before, and the only ones who need it now are those who are renting the super-size houses and buying into the the super-size wedding.
Hello- can of worms! 🙂
John RJohn Rneeds to get out moreConflictinator6,782 postsJoined View profileMessageneeds to get out more
John Rneeds to get out moreConflictinator6,782 postsJoined View profileMessageneeds to get out moreThe Bennett's although not anyone's neighbor, sound like sh/tty neighbors. If I lived in that neighborhood, I would be calling the sheriff frequently. 267 2000
tsutclitsutcliBeach FanaticSeacrest914 postsJoined View profileMessageBeach Fanatic
tsutcliBeach FanaticSeacrest914 postsJoined View profileMessageBeach FanaticAndy, I don't believe you have ever attended the Bennetts' wedding parties. Just to educate you the Bennetts' hire off duty sheriff officiers to maintain complete control of their events, including noise, parking issues, etc.It is apparent that you have a miopic view of these events. They are not one night stands but in many cases start a week before the actual nuptials and increase in debauchery as the week progresses and more folks arrive. Are the Bennett's providing security for the whole event or only one night? I think we know the answer to that one.
Checking your forum account
Please wait while we verify your forum account.