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leeboy

Beach Lover
Aug 19, 2015
220
100
More dirty dealing by Huckabee and friends to bankrupt our county.

Property owners challenge Walton beach closure

Arguing that they are being prevented from using their “backyards,” oceanfront property owners are asking a federal judge to block a Walton County ordinance that has closed beaches amid the COVID-19 crisis.

WALTON LAWSUITDownload

The property owners filed the lawsuit and a request for an injunction Monday in federal court in Pensacola. It came after numerous local governments across the state closed beaches to prevent potential spread of the disease — and as Gov. Ron DeSantis has resisted ordering statewide beach closures.

The lawsuit alleges a Walton County ordinance passed last week is unconstitutional on a series of grounds, including that it is an unconstitutional “taking” of property without compensation and violates privacy and due-process rights. The case focuses on how the ordinance affects the rights of oceanfront property owners, rather than issues related to the general public.

“The county’s ordinance forces family members into a confined space within their house rather than allow them to social distance and recreate in their sandy backyard,” a memorandum filed with the lawsuit said. “Or it forces them to public locations to recreate potentially closer to many other persons increasing the risk of spreading COVID-19. Either way, it is counterproductive. And it is beyond reasonable dispute that any hypothetical, negligible benefit conjured by those who passed the Walton County ordinance cannot possibly outweigh the profound trammeling of the present plaintiffs’ constitutional rights.”

Under Florida law, privately owned beach property generally extends to a point known as the mean high-water line. The lawsuit also, however, points to property owners’ “littoral” rights, which provide access to the water.

The lawsuit alleges that the ordinance improperly applies to the private property, including allowing the Walton County Sheriff’s Office to enforce the restrictions against homeowners. Plaintiffs include former Arkansas Gov. Mike Huckabee.

Beach closures have been a closely watched issue as Florida has grappled with the novel coronavirus, which causes the highly contagious and deadly COVID-19 respiratory disease. Images of crowds of beachgoers, including spring breakers, flashed across the country last month as the numbers of COVID-19 cases began to escalate, leading to calls for beach closures.

The Walton County property owners’ lawsuit was filed as a Leon County circuit judge considers a case filed by a Walton County attorney, Daniel Uhlfelder, that seeks to force DeSantis to close beaches statewide. Judge Kevin Carroll is slated to hold a hearing in that case Tuesday afternoon.

Walton County, between Panama City and Destin, has seen a building boom in recent years, with multimillion-dollar homes popping up along its beaches. It also has been a battleground about a controversial 2018 state law that dealt with public access to beaches.

The newly filed lawsuit cites an executive order that DeSantis issued last week directing Floridians to stay at home. The executive order includes a series of exceptions, including for recreational activities such as walking, biking, fishing, running and swimming.

The lawsuit alleges that the Walton County ordinance violates the executive order because it prevents the oceanfront homeowners from fishing and swimming from their properties. It also describes the ordinance, which revamped an earlier version, as “arbitrary and capricious.”

“The amended ordinance purports to be designed to ‘prevent the spread of COVID-19’ yet it has the opposite effect,” the lawsuit contends. “The amended ordinance prevents the plaintiffs, many of whom own residences along the beach, from utilizing their own backyards to quarantine or stay safe at home. The chances of a family or landowner catching or spreading COVID-19 is far less in his or her own private backyard (where no one else should be less they be trespassing) than traveling to the grocery store or hardware store or other essential business.”
 

jodiFL

Beach Fanatic
Jul 28, 2007
2,476
733
SOWAL,FL
Another example of the ol' Huckster and friends thumbing their noses at the rules (first in their home states and now here) and then using their buddies in the courts/government to give them a way around it. Wonder why they went all the way to Pcola to file,why not Walton Co. or Tallahassee?
 

gumby

Beach Lover
Apr 28, 2010
184
101
Up the Creek
Wow, unbelievable. These homeowners sound just like adult babies crying because they can`t get their way. The county and sheriff stood up to them and told them no so they call their momma and daddy and sue. I applaud the county for stepping up and doing the right thing.
WAKE UP PEOPLE. We`re in the middle of a pandemic.
This has nothing to do with taking anybody`s property or property rights. It`s unfortunate ya`ll live on the beach. The beach seems to be an issue right now with some, not all private owners, inviting groups of friends to the beach and carrying on like there is nothing going on.
This will pass so for now, step up and be an adult for once and do the right thing. STAY OFF THE BEACH.
 

Stone Cold J

Beach Lover
Jun 6, 2019
150
171
SRB
The beach seems to be an issue right now with some, not all private owners, inviting groups of friends to the beach and carrying on like there is nothing going on.

When the BCC asked about that specific issue at the meeting there was mention of social distancing issues in grocery stores and take out lines but zero examples or evidence that any beach front owners opened their property to the public or violated any gathering and social distancing rules "like there is nothing going on". There was also a warning by the County lawyer that excluding a homeowner on their own deeded property boundaries if they fully were fully complying with State restrictions, would be challenged in court (and it has).

Question: does the current rules the BCC have in place prevent a non-beach front owner in Walton County from being outside on their deeded property boundaries (front yard and back yard) if they fully abide by State restrictions (no gathering of more than 10 people and social distancing)?
 

bob bob

Beach Fanatic
Mar 29, 2017
723
422
SRB
When the BCC asked about that specific issue at the meeting there was mention of social distancing issues in grocery stores and take out lines but zero examples or evidence that any beach front owners opened their property to the public or violated any gathering and social distancing rules "like there is nothing going on". There was also a warning by the County lawyer that excluding a homeowner on their own deeded property boundaries if they fully were fully complying with State restrictions, would be challenged in court (and it has).

Question: does the current rules the BCC have in place prevent a non-beach front owner in Walton County from being outside on their deeded property boundaries (front yard and back yard) if they fully abide by State restrictions (no gathering of more than 10 people and social distancing)?

I am sympathetic for beachfront owners told they can't go on the beach. But I hope you agree it is a small, temporary sacrifice for the common good of your community. The closing is only about discouraging travel here and keeping all of us safer.

And give us a break man. The backyard argument is lame. You know the beach backyard is a totally different deal. Legally? Constitutionally? Probably not, but step up to the plate and take one for the team. (It's OK if your tan fades a bit, there is an excellent spray tan product available that'll see you through. It might have a bit of an orange tint but it will allow you to continue to glow).

Don't be a dick like the Huckster. That is a creep you don't want to be associated with in any way, on any day.
 

ShallowsNole

Beach Fanatic
Jun 22, 2005
4,292
849
Pt Washington
Another example of the ol' Huckster and friends thumbing their noses at the rules (first in their home states and now here) and then using their buddies in the courts/government to give them a way around it. Wonder why they went all the way to Pcola to file,why not Walton Co. or Tallahassee?

Federal Court for us is in Pensacola. Grrrr. :poop:
 

ShallowsNole

Beach Fanatic
Jun 22, 2005
4,292
849
Pt Washington
Question: does the current rules the BCC have in place prevent a non-beach front owner in Walton County from being outside on their deeded property boundaries (front yard and back yard) if they fully abide by State restrictions (no gathering of more than 10 people and social distancing)?
If my backyard was a place that out-of-town visitors flocked to, thereby bringing us their cooties, and such visitors being seen in my backyard causes visitors who visit the public beach to complain to our already over-worked sheriff's deputies and beach enforcement...Yes, I would agree for it to be closed, for the common good of the community.

I wish our ordinance was amended to read like Bay County's, where the beachfront owner themselves can use the beach behind their homes, but they have to prove their name in on the deed. And then it is only them...not adult children, not their mother, not any other relatives, and certainly no renters.
 

Suzanne Harris

Beach Fanatic
Aug 19, 2008
349
220
I am sympathetic for beachfront owners told they can't go on the beach. But I hope you agree it is a small, temporary sacrifice for the common good of your community. The closing is only about discouraging travel here and keeping all of us safer.

And give us a break man. The backyard argument is lame. You know the beach backyard is a totally different deal. Legally? Constitutionally? Probably not, but step up to the plate and take one for the team. (It's OK if your tan fades a bit, there is an excellent spray tan product available that'll see you through. It might have a bit of an orange tint but it will allow you to continue to glow).

Don't be a dick like the Huckster. That is a creep you don't want to be associated with in any way, on any day.
I really wish you had the guts to post your name. I have known Mike for years and he is one of the smartest, kindest , most caring person I know. If is never afraid to show his face on TV to give his opinion, never afraid to help the people in our community that are less fortunate than others. But most of all he is not ashamed to stand up for what he believes and not hide behind a fake name of fake LLC. Not sure why you havt to use a fake name and like others on this site most of you have more than one. You are are hiding in the dark afraid to come out. Speaks worlds about you.
 
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