A ruling by Walton County Circuit Court Judge David Green, published Tuesday, could remove as many as 700 property owners from the county’s customary use lawsuit.
It could also signal that Green is prepared to call into question what one attorney termed Walton County’s “shot gun” approach to seeking a declaration of customary use along 26 miles of coastline.
“If I was the county and I received this order I would realize I have a big hill to climb,” said Dana Matthews, one of many attorneys representing private property owners battling the county over beach property rights.
A hearing will be held Nov. 12 at which Green will entertain arguments to dismiss the county’s customary use lawsuit in its entirety.
Green’s order was issued following an Oct. 21 hearing at which attorney George Mead argued the court did not have proper “personal jurisdiction” to rule in the customary use lawsuit either for or against his clients, Sunset Beach Homeowner’s Association and Villas at Sunset Beach Owner’s Association.
Green agreed with the motion’s premise that “statutes related to service of process,” the means by which “jurisdiction of the court over persons and their property” is established,” were not followed in the case of Mead’s clients.
The judge specifically emphasized the county’s failure to follow Florida Statute 163:035 governing customary use, including “provisions which describe the method by which persons and property are to be brought within the jurisdiction of the court for determination of the rights of the public to use portions of their property.”
Judge's order could remove hundreds from Walton customary use case
It could also signal that Green is prepared to call into question what one attorney termed Walton County’s “shot gun” approach to seeking a declaration of customary use along 26 miles of coastline.
“If I was the county and I received this order I would realize I have a big hill to climb,” said Dana Matthews, one of many attorneys representing private property owners battling the county over beach property rights.
A hearing will be held Nov. 12 at which Green will entertain arguments to dismiss the county’s customary use lawsuit in its entirety.
Green’s order was issued following an Oct. 21 hearing at which attorney George Mead argued the court did not have proper “personal jurisdiction” to rule in the customary use lawsuit either for or against his clients, Sunset Beach Homeowner’s Association and Villas at Sunset Beach Owner’s Association.
Green agreed with the motion’s premise that “statutes related to service of process,” the means by which “jurisdiction of the court over persons and their property” is established,” were not followed in the case of Mead’s clients.
The judge specifically emphasized the county’s failure to follow Florida Statute 163:035 governing customary use, including “provisions which describe the method by which persons and property are to be brought within the jurisdiction of the court for determination of the rights of the public to use portions of their property.”
Judge's order could remove hundreds from Walton customary use case