To me, the County is making the determination whether or not the beach was customarily used by the public. They are simply noting that there is a law regarding customary use, and are leaving it to the property owners and public to battle out if need be. The County's response has not changed, it simply repeats their lack of action, which is smart because they really don't have the authority to make that determination of customary use, in my opinion. We may not agree on much, BMBV, but I do agree that the only ones who have the authority to make the official determination of use is the Court, if the property owners want to battle it out with the beach going public.