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Matt J

SWGB
May 9, 2007
24,646
9,496
Saw this on the news tonight that the BCC is being sued by Jolly Bay LLC for not approving their development. Normally I would include a link to the article, but it seems to have disappeared from all the local news outlets.
 
Saw this on the news tonight that the BCC is being sued by Jolly Bay LLC for not approving their development. Normally I would include a link to the article, but it seems to have disappeared from all the local news outlets.

Another case of the County changing the rules in real time in order to impress their will upon a citizen. Dealing off the bottom of the deck for the greater good. Both the Florida and United States Constitutions sit opposite the dictum, "The ends justify the means"

Whether or not a project is beloved by the population has no bearing on the mechanics of our Land Development Code.
 

JC

Beach Lover
Jolly Bay files suit against the county
December 2, 2008 - 11:51 AM
Business Wire

FREEPORT ? (BUSINESS WIRE) ? Landowner Jolly Bay LLC, a company dedicated to responsible and sustainable growth for Walton County and its residents, has filed a second lawsuit against Walton County, Florida, pursuant to Florida Statute 163, in Walton County First Judicial Circuit Court, in connection with the Board of County Commissioner?s denial of its project in September based on an unadopted standard made up by county staff after receiving public opposition to the project.

The lawsuit seeks monetary damages against the county for what the company calls the unconstitutional taking of Jolly Bay?s property and for violations of its constitutional rights, including reimbursement of Jolly Bay?s attorneys? fees and costs.

The lawsuit also requests that the court declare that the county unlawfully denied the project based upon the unadopted standard and order the immediate approval of the project.



The Jolly Bay project is located one half mile from the northeast 331 bridge landing off Jolly Bay Road and included an upscale recreational vehicle park, a bed & breakfast, a 73-unit condominium, a boat docking facility and commercial spaces. Setting this project apart from other local projects, the plans had the project situated on 17 acres of a 60-acre tract of land in order to preserve 43 acres of natural landscape, and to ensure the integrity of, and compatibility with the surrounding area.

?Jolly Bay spent a lot of time and money working on the plans for an upscale project that was continually brought before the planning department staff over a two-year period before submittal of an application to ensure that the project met all Walton County Comprehensive Plan and Land Development Code requirements,? said Dana Matthews, of Matthews and Hawkins, attorney for Jolly Bay. ?Despite those efforts, Jolly Bay now finds itself in the position of having to sue to protect its constitutional rights and to seek millions of dollars in monetary damages from the County and its taxpayers.?
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
No exactly, aabsolute. You really need some history, going back to the pre-planning stage, as well as the property owners' final push at the County. I won't go into detail, as it was a very lengthy final review, taking one regular meeting and two special meetings, each one being several hours. If they had been the least bit familiar with our Land Use Code, they would have known that their dog wouldn't hunt.
 

Camellia

Beach Fanatic
Nov 26, 2004
420
113
The Jolly Bay developers probably figure that winning a suit against Walton County would be easier than making a dime on the actual development of this parcel, at this point in the economy.
 
The 2 suits are seperate and distinct actions. There is the suit for damages and there is the Writ for Certiorari. The Writ for Cert. could take just weeks, but that would require a County Judge ruling against the County.

All of this is outrageous to me. We have a citizen/neighbor who has to sue his own Local Government. The rest of us have to pay the County's legal bills no matter what and ultimately another settlement if the citizen prevails.
 
No exactly, aabsolute. You really need some history, going back to the pre-planning stage, as well as the property owners' final push at the County. I won't go into detail, as it was a very lengthy final review, taking one regular meeting and two special meetings, each one being several hours. If they had been the least bit familiar with our Land Use Code, they would have known that their dog wouldn't hunt.

1 question Smiling Joe: Why did the County rush to enact a height restriction North of the bay after the Jolly Bay application was submitted?
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
There is absolutely no reason why the County cannot win these suits. Just another case of an attorney trying to get paid.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
The applicants project was not rejected based upon structure height. Don't attempt to set up a false premise.
 
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