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NotDeadYet

Beach Fanatic
Jul 7, 2007
1,422
489
I 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.
 

30ashopper

SoWal Insider
Apr 30, 2008
6,846
3,471
56
Right here!
Ignoring zoning codes to the detriment of ones neighbors to make a quick buck is not only short sighted but deplorable. All I can say is I am glad that those who don't see a problem with this aren't my neighbors.

Homeowners have the ability to set local (HOA based) covenants and restrictions. They also have legal recourse when major issues arrive. General purpose county codes should be enforced conservatively because there are numerous levels of authority beneath the county local homeowners can rely on.

It also sounds like the county codes are poorly defined. If that is the case, we basically have a code enforcement board running around making up the law as they go along. That's not a good situation to be in, ever.

As I always say, the closer you move the governing body to the people it represents the more effective it becomes.
 
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30ashopper

SoWal Insider
Apr 30, 2008
6,846
3,471
56
Right here!
Does anyone have a link to the text of the county code that is supposedly being violated here?
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
Not everyone lives in an area with an HOA - I specifically bought in an area that didn't have one because I can't stand forking out money so people with too much time in their dissatisfied lives can micromanage my yard and house.

I also bought a residential property in a residential neighborhood, so I didn't have to worry about a gas station, restaurant, convention center, or other COMMERCIAL use being built next door.

A house being rented out to be used as a house does not violate its residential land use designation.

A house being rented out to be used as an event venue does.

It violates fire codes, food safety rules, occupancy rules, and many others.
 

Bob Hudson

Beach Fanatic
May 10, 2008
1,066
739
Santa Rosa Beach
Does anyone have a link to the text of the county code that is supposedly being violated here?

It is in the land development code of Walton County.

You need to read the following section 02.01.03L(3)(a)(iii) of the Walton County Land Development Code (LDC)

The Code Board found the Bennett's were in violation of section 2.01.03(L)(3)(a)(iii) of the Walton County Land Development Code ("the LDC"), because they were using their property which is located in the Residential Preservation Area land use district for a nonresidential activity by conducting weddings and other special events on the property. Such use is prohibited by the LDC.

This case was appealed by the Bennett's to Circuit Court and I have attached a copy of Judge Laporte's final order.

They did not appeal Judge Laporte's ruling.

A read of the ruling will help.

View attachment Judges Order.pdf
 
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30ashopper

SoWal Insider
Apr 30, 2008
6,846
3,471
56
Right here!
It is in the land development code of Walton County.

You need to read the following section 02.01.03L(3)(a)(iii) of the Walton County Land Development Code (LDC)

The Code Board found the Bennett's were in violation of section 2.01.03(L)(3)(a)(iii) of the Walton County Land Development Code ("the LDC"), because they were using their property which is located in the Residential Preservation Area land use district for a nonresidential activity by conducting weddings and other special events on the property. Such use is prohibited by the LDC.

This case was appealed by the Bennett's to Circuit Court and I have attached a copy of Judge Laporte's final order.

They did not appeal Judge Laporte's ruling.

A read of the ruling will help.

View attachment 24760

Odd, that brief basically admits that "non-residential use" is totally undefined in the code, yet, the court claimed the Bennet's were in violation of the undefined code.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
I 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.
 
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Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
Has 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.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
Andy, 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.
 
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