More dirty dealing by Huckabee and friends to bankrupt our county.
Property owners challenge Walton beach closure
Arguing that they are being prevented from using their “backyards,” oceanfront property owners are asking a federal judge to block a Walton County ordinance that has closed beaches amid the COVID-19 crisis.
WALTON LAWSUITDownload
The property owners filed the lawsuit and a request for an injunction Monday in federal court in Pensacola. It came after numerous local governments across the state closed beaches to prevent potential spread of the disease — and as Gov. Ron DeSantis has resisted ordering statewide beach closures.
The lawsuit alleges a Walton County ordinance passed last week is unconstitutional on a series of grounds, including that it is an unconstitutional “taking” of property without compensation and violates privacy and due-process rights. The case focuses on how the ordinance affects the rights of oceanfront property owners, rather than issues related to the general public.
“The county’s ordinance forces family members into a confined space within their house rather than allow them to social distance and recreate in their sandy backyard,” a memorandum filed with the lawsuit said. “Or it forces them to public locations to recreate potentially closer to many other persons increasing the risk of spreading COVID-19. Either way, it is counterproductive. And it is beyond reasonable dispute that any hypothetical, negligible benefit conjured by those who passed the Walton County ordinance cannot possibly outweigh the profound trammeling of the present plaintiffs’ constitutional rights.”
Under Florida law, privately owned beach property generally extends to a point known as the mean high-water line. The lawsuit also, however, points to property owners’ “littoral” rights, which provide access to the water.
The lawsuit alleges that the ordinance improperly applies to the private property, including allowing the Walton County Sheriff’s Office to enforce the restrictions against homeowners. Plaintiffs include former Arkansas Gov. Mike Huckabee.
Beach closures have been a closely watched issue as Florida has grappled with the novel coronavirus, which causes the highly contagious and deadly COVID-19 respiratory disease. Images of crowds of beachgoers, including spring breakers, flashed across the country last month as the numbers of COVID-19 cases began to escalate, leading to calls for beach closures.
The Walton County property owners’ lawsuit was filed as a Leon County circuit judge considers a case filed by a Walton County attorney, Daniel Uhlfelder, that seeks to force DeSantis to close beaches statewide. Judge Kevin Carroll is slated to hold a hearing in that case Tuesday afternoon.
Walton County, between Panama City and Destin, has seen a building boom in recent years, with multimillion-dollar homes popping up along its beaches. It also has been a battleground about a controversial 2018 state law that dealt with public access to beaches.
The newly filed lawsuit cites an executive order that DeSantis issued last week directing Floridians to stay at home. The executive order includes a series of exceptions, including for recreational activities such as walking, biking, fishing, running and swimming.
The lawsuit alleges that the Walton County ordinance violates the executive order because it prevents the oceanfront homeowners from fishing and swimming from their properties. It also describes the ordinance, which revamped an earlier version, as “arbitrary and capricious.”
“The amended ordinance purports to be designed to ‘prevent the spread of COVID-19’ yet it has the opposite effect,” the lawsuit contends. “The amended ordinance prevents the plaintiffs, many of whom own residences along the beach, from utilizing their own backyards to quarantine or stay safe at home. The chances of a family or landowner catching or spreading COVID-19 is far less in his or her own private backyard (where no one else should be less they be trespassing) than traveling to the grocery store or hardware store or other essential business.”
Replies
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Beach Comber
Thanks for the update Dave.
Beach Fanatic
Beach Lover
Any word yet on the hearing today?
Beach Fanatic
So, the judge denied the injunction in the lawsuit against our Sheriff Adkinson and the BCC.
Round one:
County Commission and the Sheriff 1 (won)
Small group of Beachfront Owners desiring a private beach during this health crisis. 0 (zero)
Round one:
County Commission and the Sheriff 1 (won)
Small group of Beachfront Owners desiring a private beach during this health crisis. 0 (zero)
Edited
SoWal Insider
So, the judge denied the injunction in the lawsuit against our Sheriff Adkinson and the BCC.
Round one:
County Commission and the Sheriff 1 (won)
Small group of Beachfront Owners desiring a private beach during this health crisis. 0 (zero)
Beach Fanatic
“Public beach on the Gulf of Mexico is not defined by legal ownership, but by what is the beach,” Judge Vinson said.
Judge rules against Walton beach property owners who sought exemption from closure order
District Court Judge Roger Vinson declined an emergency motion Monday that would have removed several Walton County property owners from the constraints of an order closing the county’s beaches.
In ruling, the judge signaled that a lawsuit filed on behalf of the same 15 owners, seeking to accomplish the same thing by overturning a newly amended county ordinance, could also be in jeopardy. District Court Judge Roger Vinson declined an emergency motion Monday that would have removed several Walton County property owners from the constraints of an order closing the county’s beaches.
“As it stands I don’t believe it can succeed,” Vinson said.
The original suit was filed April 6, four days after the Walton County Commission voted in emergency session to amend a standing ordinance and close privately owned as well as public beaches to prevent the spread of COVID-19.
Judge rules against Walton beach property owners who sought exemption from closure order
District Court Judge Roger Vinson declined an emergency motion Monday that would have removed several Walton County property owners from the constraints of an order closing the county’s beaches.
In ruling, the judge signaled that a lawsuit filed on behalf of the same 15 owners, seeking to accomplish the same thing by overturning a newly amended county ordinance, could also be in jeopardy. District Court Judge Roger Vinson declined an emergency motion Monday that would have removed several Walton County property owners from the constraints of an order closing the county’s beaches.
“As it stands I don’t believe it can succeed,” Vinson said.
The original suit was filed April 6, four days after the Walton County Commission voted in emergency session to amend a standing ordinance and close privately owned as well as public beaches to prevent the spread of COVID-19.
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Beach Lover
Oh my! This makes me so mad!!! Beachfront owners trolling us in the courts trying to spend us to death and steal our hard earned tax dollars.
the lead attorney for the 15 property owners argued that by preventing beach owners from accessing their property, the county has actually put them in greater jeopardy to catch COVID-19.
He said his clients not being able to fish, swim or recreate in their beachfront yard raises the risk that they’ll acquire the coronavirus by biking on a public path or shopping at local stores.
the lead attorney for the 15 property owners argued that by preventing beach owners from accessing their property, the county has actually put them in greater jeopardy to catch COVID-19.
He said his clients not being able to fish, swim or recreate in their beachfront yard raises the risk that they’ll acquire the coronavirus by biking on a public path or shopping at local stores.
Beach Crab
The tax dollars spent on this lawsuit you are so angry about will pale in comparison to the lost tax revenue from this stupid shutdown. People can champion the sheriff wining, but will you have won? Every day this shutdown continues results in another business that will most likely fail and never reopen, another vacation rental property that will be foreclosed on, and several thousands of people unemployed.
This shut down has had nothing to with a virus. Look at how grossly inaccurate all of the academic models have been. The virus has been used as huge grab of power by government. If anyone believes we will return to normal after this is over your kidding yourselves. Cite one single occurrence where governments have relinquished their powers once enacted. Government no longer represents the people. They have become our masters.
We will see how many of you on the sir are championing your goverment masters when your taxes start skyrocketing to make up for their huge budget shortfalls. Meanwhile, tune back in to CNN so you can get your daily fix Covid-19 porn.
This shut down has had nothing to with a virus. Look at how grossly inaccurate all of the academic models have been. The virus has been used as huge grab of power by government. If anyone believes we will return to normal after this is over your kidding yourselves. Cite one single occurrence where governments have relinquished their powers once enacted. Government no longer represents the people. They have become our masters.
We will see how many of you on the sir are championing your goverment masters when your taxes start skyrocketing to make up for their huge budget shortfalls. Meanwhile, tune back in to CNN so you can get your daily fix Covid-19 porn.
Skunky
The tax dollars spent on this lawsuit you are so angry about will pale in comparison to the lost tax revenue from this stupid shutdown. People can champion the sheriff wining, but will you have won? Every day this shutdown continues results in another business that will most likely fail and never reopen, another vacation rental property that will be foreclosed on, and several thousands of people unemployed.
This shut down has had nothing to with a virus. Look at how grossly inaccurate all of the academic models have been. The virus has been used as huge grab of power by government. If anyone believes we will return to normal after this is over your kidding yourselves. Cite one single occurrence where governments have relinquished their powers once enacted. Government no longer represents the people. They have become our masters.
We will see how many of you on the sir are championing your goverment masters when your taxes start skyrocketing to make up for their huge budget shortfalls. Meanwhile, tune back in to CNN so you can get your daily fix Covid-19 porn.
Toilet paper is in short supply, but there is plenty of aluminum foil on the shelves. Best go get some and make a beanie, quickly, before the 5G waves get to your cerebral cortex as well!
Beach Fanatic
Toilet paper is in short supply, but there is plenty of aluminum foil on the shelves. Best go get some and make a beanie, quickly, before the 5G waves get to your cerebral cortex as well!
Beach Crab
Hmm... I haven't noticed toilet paper being in short supply since the covidiots made their initial store run. You must not get out much. I'll leave the tin foil hats to the "In Goverment We Trust" crowd. Keep bunkered down. There are ghosts out in the real world that will kill you.
SWGB
Troll alert.
Beach Fanatic
Hmm... I haven't noticed toilet paper being in short supply since the covidiots made their initial store run. You must not get out much. I'll leave the tin foil hats to the "In Goverment We Trust" crowd. Keep bunkered down. There are ghosts out in the real world that will kill you.Better log off now. It's time for your daily orange-faced propaganda broadcast on FOX.
Beach Crab
Sorry. Don't endulge in any of the MSM propaganda networks. Your so called orange man initiated this ridiculous shutdown. You might want to let the tinfoil hat out a notch if you are still believing there is a difference between the Demicans or Republicrats.
Beach Fanatic
Better log off now. It's time for your daily orange-faced propaganda broadcast on FOX.
Yes, Troll alert and that last comment about the ghost sounded like a threat. Anonymous OTF,'s first day...one day on SoWal and quickly going off the rails on the fly.
Beach Fanatic
Camping on the Gulf (plaintiff) flying their American flag upside down on 98. 
Beach Fanatic
Camping on the Gulf (plaintiff) flying their American flag upside down on 98.
Yes, It's back upright I have heard but I'm sure he got the desired and some undesired attention.
Beach Lover
There are ghosts out in the real world that will kill you.Is this a threat?
SoWal Insider
Hmm... I haven't noticed toilet paper being in short supply since the covidiots made their initial store run. You must not get out much. I'll leave the tin foil hats to the "In Goverment We Trust" crowd. Keep bunkered down. There are ghosts out in the real world that will kill you.Nah, no ghosts, the NRA members and ammosexuals are also hunkered down. They finally realized they can’t shoot their way out of this.
Beach Crab
I for one don't believe in ghosts. The "ghosts" was in reference to the Coronavirus or any other virus the MSM wants to fear monger people into believing they are going to contract and die if they leave their homes. Based on the CDC's statistics, over 24,000 people have died from the flu this year, and flu season isn't officially over yet. This is statistically the same as the number of people who have died from Covid-19. Where was the outrage to shut down the economy to save people from dying of the flu. Does a life have less value if the person dies of the flu? Again, according to CDC numbers 48,614 people died from the flu during the 2003-2004 flu season. I don't remember the economy being shut down. According to the National Safety Council there were 40,000 automobile fatalities in the US in 2018. Should the Goverment ban us from driving vehicles to save an estimated 40,000 lives per year? If not, why? I'm sure a lot of people on this site own vehicles. Do lives lost in auto crashes have less value? Every time you get behind the wheel of a vehicle and hit the road you are putting your life or someone else's life at risk. I personally believe the majority of American adults are quite capable evaluating risks and making the decisions that are best for them and there families. We do it everyday.
SoWal Insider
I for one don't believe in ghosts. The "ghosts" was in reference to the Coronavirus or any other virus the MSM wants to fear monger people into believing they are going to contract and die if they leave their homes. Based on the CDC's statistics, over 24,000 people have died from the flu this year, and flu season isn't officially over yet. This is statistically the same as the number of people who have died from Covid-19. Where was the outrage to shut down the economy to save people from dying of the flu. Does a life have less value if the person dies of the flu? Again, according to CDC numbers 48,614 people died from the flu during the 2003-2004 flu season. I don't remember the economy being shut down. According to the National Safety Council there were 40,000 automobile fatalities in the US in 2018. Should the Goverment ban us from driving vehicles to save an estimated 40,000 lives per year? If not, why? I'm sure a lot of people on this site own vehicles. Do lives lost in auto crashes have less value? Every time you get behind the wheel of a vehicle and hit the road you are putting your life or someone else's life at risk. I personally believe the majority of American adults are quite capable evaluating risks and making the decisions that are best for them and there families. We do it everyday.It is known as risk management. The risks you mentioned are known and managed to the best of human ability.
There are no buffers against the virus. No vaccine, no treatment standards, ten times more lethal etc. The risk to life is not fully manageable at this moment. Are you too dense to even imagine what the numbers would be without a quarantine? Yes, you probably are. But hey, please take yourself out there and get on with your life.
Edited
Beach FanaticAuthor
It is known as risk management. The risks you mentioned are known and managed to the best of human ability.Take it easy. A lot of people are losing money for the first time in their life. Many are having to face their families for the first time in forever. And a few unfortunate souls are having to face themselves for the first time ever and finding no soul.
There are no buffers against the virus. No vaccine, no treatment standards, ten times more lethal etc. The risk to life is not fully manageable at this moment. Are you too dense to even imagine what the numbers would be without a quarantine? Yes, you probably are. But hey, please take yourself out there and get on with your life.
Beach Fanatic
Camping on the Gulf (plaintiff) flying their American flag upside down on 98.
Seems I've seen an upside down American flag in the avatar of a frequent Sowal lounge poster. Not condoning Camping on the Gulf but nobody has had an issue with that.
An upside down flag signifies that America is in distress, correct?
Beach Fanatic
Seems I've seen an upside down American flag in the avatar of a frequent Sowal lounge poster. Not condoning Camping on the Gulf but nobody has had an issue with that.You have no idea what I have issues with. I have issues all over the place.
An upside down flag signifies that America is in distress, correct?
SoWal Insider
Take it easy. A lot of people are losing money for the first time in their life. Many are having to face their families for the first time in forever. And a few unfortunate souls are having to face themselves for the first time ever and finding no soul.No excuse to be willfully ignorant.
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