Attention all owners on Redfish Circle and Snapper St......

[Redfishowner]

I am new to this forum. I am an out-of-town homeowner of a property on Redfish Circle. I know that most of you are aware of what is going on with regard to the security guard and restricted beach access at the beachfront area south of the Inn, so I won?t go into any details about that.
Over the last several weeks, my partners and I have been conducting legal research about the history of our property as it pertains to the use of the beach. We have found some interesting and promising things for the owners of property on Redfish Circle and Snapper St. We have been consulting with an attorney in the area and I believe we are making progress. In sum, beyond the public/private beach issue that is in the papers and courts, I believe the homeowners of Redfish Circle and Snapper St. may have a very good case for litigation against the homeowners of the Inn, based on what we are learning from our efforts.
Hopefully, some kind of resolution could be found short of litigation, but this probably won?t happen unless we are unified. Part of the reason that the homeowners at the Inn have been able to do what they have done is that there is no organization among the homeowners of Redfish and Snapper.
So, if you would be interested in hearing about what we have learned through our efforts please drop me an email at kbhorne@knology.net and we can go from there.

 

[Andy A]

I am really amazed there has been no response to the above posting. Are you writing of the access that boarders the "Inn at Blue Mountain Beach"? It has always been my understanding that particular access was declared "public" due to an agreement between the county and the resort but I could be mistaken. Anyway, good luck in your endeavor to acess the beach. It seems to be getting more dicey than ever around here to access paradise.

 

[Smiling JOe]

Small world, Redfishowner. Our brothers were house mates in college.

I was showing homes on your street, yesterday, and that question came up about the beach rights. I try my hardest to remain educated on this particular issue, but my answer is that I am aware of existing problems with the access which leads to the "private" beaches. I must say that is the biggest turn off for buyers. We walked over to the access to see the "private" beaches in question. It is a little more than crazy, in my opinion.

I realize that you wouldn't want to share your ammunition with the opponents, but I'd be curious to read what you've learned in your recent discoveries. As an FYI, you should be aware that some of the original developers of the Inn, are also present owners of properties on Redfish and Snapper.

 

[butterbean]

I spoke today with Ross Pritchard who manages the Village of B.M. Assoc. On the website he has posted the article about access that was in the Sun,the one about making owners provide a 19 year tide table and the article implies that the sheriff will no longer arrest people. He implied that they wanted to have the 25 ft. buffer similiar to
destin, but he said he was not sure what would happen if you set up stuff in front of the Retreat. The article also dealt with wether the owners could leave stuff on the beach (Iguess they figure if they own all the way to the water they can leave things out). It seems the T.D.C. is still hoping this will go away. By the way S.J., what do you tell potential buyers, as are real estate agent who sold us our home on the south end of lower Redfish Cir. never mentioned anything to us. Do you think the fact she lives in the Retreat has anything to do with that?

 

[Smiling JOe]

truluv, I cannot speak for what other Realtors say, or don't say. For potential buyer for a home on Redfish Cir, I inform them to do their own due diligence, and I inform them that the access to the west of the Inn is supposedly deeded for their use along with some other owners. I also inform them of The Retreat and everyone to the east who is claiming in some respect or another, to have private beaches on both sides of that access. I inform them of the arrest last year and the recent article in the Walton Sun addressing the update in the interpretation of the law according to the State Attorney. I don't go into the previous FL State Supreme Court Rulings which were in favor of the public. I also let them know about the current case which is in the Supreme Court regarding public vs private beach and beach nourishment. I try not to scare them, but I want them to be fully aware of potential things which to further investigate since they are issues which could change their decision to purchase or not.

I'm not aware of when you purchased, truluv, but it may have been prior to The Retreat trying to enforce the Private Beach issue. As I understand it, they were the first to do so, and only began two years ago. Before that, the public has always used the beach without objection from private property owners, so the issue wasn't an issue, and wasn't public knowledge that there may be an issue.

 

[butterbean]

I think I bought on the day the market blew south, about 2 years ago, I remember fishing in front of the retreat with cooler, chair, poles, tackle box, never a peep!

 

[Duchess]

Hmmm.....very interesting



Where to begin? We've owned on Redfish Circle since 2001.
Had nary a problem until July 4 week, 2007. Friends of ours
were staying at the home, everyone knows the drill after
that, what with the arrest then of an Atlantan in front of
the Retreat. We and our guests were harassed intermittently
for the rest of the summer, by the Inn security guards who
were supported by the Sheriff Dept. officers. The recent
article in the Sun, as well as our experience on the beach
for the last few months, have led us to believe that all is
well. We haven't been bothered, have pretty much kept
close to the water but not at the edge by any means, and
have moved over to the Retreat 'side' just for more room
and privacy. Should I be more concerned???

In the interest of full disclosure, our realtor now lives at the
Retreat, but didn't in 2001. We were then told by her that
the Inn access was public to a public beach. (We are one
of the very closest cottages to it, a big factor in our choice
and purchase.) We also owned a lot in the Retreat for
almost 2 years (decided not to build). We were never
shown plats that indicated that that (the Retreat's) was
a private beach. Unbelievable to us, of course, when all
the hullabaloo started. We had taken our cottage off
the rental market before the harrassment started, and
were lucky for that because I'm sure our rentals would
have rightly dried up.

I consider this a non-issue for now but am always watchful
of the topic. I know more than what I'm posting; would
a lawsuit really accomplish anything/be worthwhile to
pursue?

Hope everyone had a great Fourth down there; we're in
ATL until next weekend....

 

[Andy A]

While I hate litigation, and don't think another lawsuit would accomlish anything, I certainly don't consider the public/private beach controversy a non issue. It is one of which all should remain aware, as you stated, until it is eventually solved by the courts. The opinion offered by the state's attorney office would appear to offer some temporary relief as well.

 

[BlueMtnBeachVagrant]

......
I consider this a non-issue for now but am always watchful
of the topic. I know more than what I'm posting; would
a lawsuit really accomplish anything/be worthwhile to
pursue?

Hope everyone had a great Fourth down there; we're in
ATL until next weekend....

Hi Duchess! I have to agree with AndyA on one thing...that the private/public beach controversy is not a "non-issue".

It's good to hear things have cooled down in your neck of the woods as the negative publicity of "arrests" helps nobody. But this is not to be construed as a flip-flop change of my position on the issue.

A couple of questions:

When you mentioned a lawsuit, who were you thinking of as the defendent and what would be the basis of the lawsuit? I also agree with AndyA (again-if you can believe it!) that another lawsuit at this stage will accomplish little. That may change if the FL Supreme Court rules against Walton County.

What do you think is the opinion of your real estate agent who lives in the Retreat regarding the private/public beach issue?

 

[Redfishowner]

Duchess,

This is far from a non-issue. The HOA is now claiming that the MHWL at the beach behind the INN is 50 yds. out in the gulf! The security company is telling everyone who goes onto the beach to either get in the water or get off the beach! This is not good for our area or for property values that are already laboring.

While a lawsuit may not do much right now until this gets worked out in the Supreme Court, an injunction to cease and desist with the security guards harassing the public on land south of the MHWL sure would.

I have tried to email you but your anti-spam program will not allow it through.