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Can Alan Osborne sue himself?

Beach Crab
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Alan Osborne and Driftwood Estates have three lawsuits against Walton County. If elected, can Alan sue himself?
How can a sitting commissioner, Cindy Meadows, collecting a salary from the public, endorse a candidate who is suing the county she represents?
We are all paying the legal fees for these lawsuits.
maygirl

Replies

74
Smiling JOe avatar
SoWal Expert
#27
aabsolute, I don't go out there often, so I cannot report with first hand observation. Commissioner Meadows has been out there after heavy, but not unusual rains, and can report on those issues, as can Alan Osborne. The project was supposedly engineered to be able to handle 100 year floods, but I believe that the record shows that Driftwood Estates hasn't seen one yet. I've been told that the road floods during "normal rain events."

As for #2, as I understand it, the properties are not flooding due to the Bay rising, however that happens with the road flooding. The normal rains cause the standing water on the properties.

The County tried to repair the huge problem by making the storm water ditches deeper, but I think they found out that water doesn't drain up hill, and that you hit the water table when you dig ditches too deep. Speaking of storm water drainage, allegedly, the developer placed big drainage pipes under property which was later sold, and now has multi million dollar homes on top of 25 year pipe. Oops.

If you want detailed information on Driftwood, I'm not your man, but Commissioner Cindy Meadows can tell you more about some of those issues. Alan is focused on his campaign, though he is extremely familiar with everything concerning Driftwood.
Beach Fanatic
#28
The problem with Driftwood is that basically it is constructed in wetlands.:shock: If today's restrictions had been in effect 30 years ago there would be no issue because there would be no Driftwood.:yikes:
AAbsolute avatar
Banned
#29
To me those 3 questions appear to be very relevant and the parties who show up and want to be heard should have answers to these at their ready.

If the ingress/egress road floods without storm surge I'd be surprised. If it does, the secondary road may well flood too.

If there is standing water on the inland properties before the bayfront bulkhead is breached then certainly the drainage plan is encumbered by elevation issues.

If there is a prescribed maintenance plan for the drainage easements it is probably reasonable to expect the Driftwood homeowners to take care of that. This may be what causes condition #2.

I agree with Smiling Joe, water doesn't flow uphill. These are always matters of elevation. Lazer levels are cheap at Home Depot, accurate enough for verifying an inch in a thousand feet, and can be operated by 1 Driftwood homeowner working alone. I'm very interested to see how that turns out.
wrobert avatar
Beach Fanatic
#30
The problem with Driftwood is that basically it is constructed in wetlands.:shock: If today's restrictions had been in effect 30 years ago there would be no issue because there would be no Driftwood.:yikes:


There were only a half dozen, if that many house out there 10 years ago when I worked with the County. And even then that place flooded. I hated going there after it rained.
AAbsolute avatar
Banned
#31
It looks on its 4 corners as though Driftwood residents want to get the property value bump by being included in Sandestin and they are using this real drainage problem as their means. I appreciate leverage, but when you are dealing with big development you had better be willing to pay a big price all along the way. These things usually get much worse before they get better.

My experience, prepare yourself to experience much loss and pain and see it through to the end if you are willing to start something like this. For starters, understand that the more bad press that is created the more Driftwood will be damaged. It's like fighting a divorce and paying for your spouses attorney from the beginning to the end with a Judge who is going to favor your spouse most of the time.
Smiling JOe avatar
SoWal Expert
#32
The secondary road doesn't go across a bayou, and that would be the value of being able to use it.

I'll add that a filled retention pond, isn't able to retain more water.

With the drainage easements, the drainage won't work if the pipes aren't installed as designed. The installation was never completed. It isn't that the drainage ditches on the lots are filled with sand. Not the case at all.

Aabsolute, I have no idea where you get the idea that Driftwood residents want to be considered a part of Sandestin. I've yet to see or hear anything that leads to that. These Driftwood residents simply don't want to be flooded. If their houses are flooded, it won't matter if they are part of Sandestin because their real estate values will be under water.
AAbsolute avatar
Banned
#33
The secondary road doesn't go across a bayou, and that would be the value of being able to use it.

I'll add that a filled retention pond, isn't able to retain more water.


I think I saw that filled retention pond too SJ.
Interested Girl avatar
Beach Fanatic
#34
AndyA

Good try on absolving Alan of his rant before the BCC on April 8th. He is even wearing the same shirt as he is wearing in his staged photos in his print ads. Just visit www.waltondemocrats.org site and click on the BCC videos and the select Aprul 8th and then the segment on Driftwood Estates Part two.

All in living color u arms waving and shouting in a very over the top moment. You even hear and see Chairman Jones call to the Balif for assistance.

Andy - That is hot head Osborne with "Thunder and lightning" from above.

That is the man I will vote for because he will bring Everything to a screaching halt in Walton County. Nothing will get done no development will occur because his "rants" will continue and the others Commissioners will need restraining orders.

Just what needs to happen - Nothing
Beach Fanatic
#35
AndyA

Good try on absolving Alan of his rant before the BCC on April 8th. He is even wearing the same shirt as he is wearing in his staged photos in his print ads. Just visit www.waltondemocrats.org site and click on the BCC videos and the select Aprul 8th and then the segment on Driftwood Estates Part two.

All in living color u arms waving and shouting in a very over the top moment. You even hear and see Chairman Jones call to the Balif for assistance.

Andy - That is hot head Osborne with "Thunder and lightning" from above.

That is the man I will vote for because he will bring Everything to a screaching halt in Walton County. Nothing will get done no development will occur because his "rants" will continue and the others Commissioners will need restraining orders.

Just what needs to happen - Nothing


With all due respect, that is the worst idea of how any government should work that I have ever read.:angry: I may be idealistic ( I have been accused of such before) but if your ideas are superior you don't need to bring county government to a "screeching halt." And anyone who wants to halt development does not understand simple economics and how this county operates.:idontno:
AAbsolute avatar
Banned
#36
With all due respect, that is the worst idea of how any government should work that I have ever read.:angry: I may be idealistic ( I have been accused of such before) but if your ideas are superior you don't need to bring county government to a "screeching halt." And anyone who wants to halt development does not understand simple economics and how this county operates.:idontno:

Don't you think Interested Girl might be pulling your leg a little?
Beach Fanatic
#37
Don't you think Interested Girl might be pulling your leg a little?

I love a good joke as much as anyone, but saying it twice made me a touch concerned.:idontno:
Andy A avatar
Beach Fanatic
#38
Could it be Interested Girl is a troll? You'all taught me the term. Sorry, but I have from a very reliable source that the speaker of whom you speak is not Alan. Nevertheless, I am sure he will be glad to receive your vote. Idlewild, if this is really the way Interested Girl see government in action, then your summation of her understanding of the workings of government are right on and she needs a class in Civics 101.
Andy A avatar
Beach Fanatic
#39
Apologies to Interested Girl. I went to the APRIL 8th Demo tape and looked at Alan, indeed, addressing the BCC. I did not see any rant or arm waving other than him showing the Commissioners some paperwork rather forcefully. I reiterate. Alan is not a "hot head", though I wll concede he may be passionate and forcefull in his manner of presentation. As far as I'm concerned, that is not only alright, it is very desireable in many instances.
Interested Girl avatar
Beach Fanatic
#40
Appology accepted, but I must ask if you had th volumn turned off. That is what I call a good old temper tantrum ( experienced them with my children).

Also you might want to check out your statement concerning him being the President of the Driftwood HOA. H is simply on the board.

The man deffinetly has a short fuse.
Beach Fanatic
#41
Frankly, I'd like to see more citizens "have a short fuse"...the County Commissioners and Planning and Zoning and Code Enforcement, need to be held accountable...we need more people with short fuses to get the County to do the right thing--:bang:

The screw-ups in Driftwood are perhaps the best examples of incompetent and perhaps falsified work on the part of the County--but, they are not the only examples!
seagrovegirl avatar
Beach Fanatic
#42
Hopefully, whomever gets elected for CC 5 will make some REAL changes in Planning and Zoning...it is desperately needed. Too many mistakes are made and the residents suffer for it. I have a similar fight on my hands with the county and I am afraid I am being forced into legal proceedings. But, I am one of many with the same circumstances. However, I am willing to stand up and do something about it and it would be great to have a county commissioner with the same principles.
Interested Girl avatar
Beach Fanatic
#43
I agree that something must be done . Alans interests only lie in those things that directly affect himself or his interests.

"Thunder and lightning from above" - its going to be the best show in town - no one should miss it. Nothing will get done and that will solve our problems.
wrobert avatar
Beach Fanatic
#44
Hopefully, whomever gets elected for CC 5 will make some REAL changes in Planning and Zoning...it is desperately needed. Too many mistakes are made and the residents suffer for it. I have a similar fight on my hands with the county and I am afraid I am being forced into legal proceedings. But, I am one of many with the same circumstances. However, I am willing to stand up and do something about it and it would be great to have a county commissioner with the same principles.

What changes can a single commissioner make? Other than bringing up something needs to be done, it takes three to make anything happen. I believe we have all seen this over the years. The only way you are going to get an effective commissioner in district 5 is to find someone that can bring a consensus together for change. I have no suggestions as to who, just wanted to explore this line of thinking.
AAbsolute avatar
Banned
#45
Hopefully, whomever gets elected for CC 5 will make some REAL changes in Planning and Zoning...it is desperately needed. Too many mistakes are made and the residents suffer for it. I have a similar fight on my hands with the county and I am afraid I am being forced into legal proceedings. But, I am one of many with the same circumstances. However, I am willing to stand up and do something about it and it would be great to have a county commissioner with the same principles.

Check out what Alan Ficarra did as a private citizen to the County. He took them to Court and won. It can be done.
Smiling JOe avatar
SoWal Expert
#46
plenty of lawsuits against the County have been resolved outside of Court.
Beach Lover
#47
The bottom line on Driftwood

Dear MayGirl/ Intrestedgirl And Ms. McQueen,

Below is an e-mail that Ms. McQueen has sent out to numerous people and it was sent to me, so I thought I would include it in my answer. Also included is someone else's response. The bold is exact copy of e-mail.



From: Ann McQueen <annmcq@gnt.net>
Date: Sun, 17 Aug 2008 11:44:43 -0500
To: <
annmcq@gnt.net>
Subject: The Primary

How are you?

I came across the attached video of Alan Osborne, who Cindy Meadows is endorsing for Walton County Commissioner District 5. (The Walton County Democrats are posting video of BCC meetings on its Web site at www.waltondemocrats.org <
http://www.waltondemocrats.org/> .) At the end of Osborne's outburst, he refers to a deposition. He is suing the county with the Driftwood Estates HOAs. I found three lawsuits on which he is named as a plaintiff or petitioner and Walton County BCC is a defendant or respondent. (I have copies of the documents.)

I found it interesting that in the race he is using his middle name "Alan," but on the lawsuits, his first name "Samuel" is listed. I have a copy of another document that lists his full name, in case you're interested.

Can you imagine what it would be like if he were a commissioner? Scary. Please help spread the word.

I hope you are happy and well.

Ann



Hi Ann,

I?m fine and thanks for the email.

Actually I don?t have a problem with any of the issues you raise in your email about Alan Osborne.

First, I think Cindy has been one of our better commissioners during the more than 8 years I?ve lived here, maybe our best. The fact that she is endorsing Alan is a big positive for me.

I have been to many, many commission meetings and I have spoken at many of those meetings. I know what it can be like to feel you are not being heard or to feel your point is not being recognized or addressed. It is difficult and frustrating. The fact that he is a strong individual does not scare me. We need a strong person on the board that sees the need to follow rules and regulations.

Alan is suing the county. He is suing the county on behalf of the Driftwood Estates Homeowners Association. He is the elected president and has the duty to represent them. As the president of a community association I know sometimes one acts on behalf of an organization even if the action may not be something you personally believe in. I am not saying that is the case here but I don?t think it is fair to criticize someone for doing their elected duty. He is suing the county because they have not done what they should have done. He, as well as Cindy, have tried to get the county to act responsibly but they have been unsuccessful. It seems his only recourse was to sue. I am sure that is not what he / they wanted to do.

As someone who has often worked with the county I can tell you the county often does not do as they should or even do what the law requires. They probably deserve to be sued far more often than they are sued. And all too often when a suit is threatened it is by developers with deep pockets. I believe the county counts on individual property owners, community associations or homeowner associations not suing them. I wish those individuals and organizations could afford to sue more often.

I have a son that goes by his middle name. I am sure if he was involved in a legal action he would be required to use his full legal name in any legal paper work he?d have to file. I don?t see anything even vaguely interesting about what name Alan uses day to day versus his legal name.

I find Alan to be the best educated candidate running for a district 5 seat with regard to issues that are important to all of the citizens of this county. He is smart, thoughtful and does his homework. He is not on any given ?side?, that is to say he is not a beachfront property owner candidate or a developer?s candidate. I find him to be honest and hard working, just the kind of commissioner I?d like to see on the board.

I hope you are happy and well.

(Deleted for privacy)


That being said, Here is the bottom line on the lawsuit. The drainage doesn't work and the DCA has written a letter in support of that. To this day the county has been unable to refute. My plat to my home and my deed say that my primary entry/exit thru my neighborhood is thru Sandestin (plat book 5 page 28)! I have an agreement that says my access rights thru Burnt Pine Survive ANY abandonment!

If I win my lawsuit- The primary road for my neighborhood will be open and it will cost the county NOTHING. Sandestin has held the county harmless for the road, they can't sue the county! I will also hold the Developer responsible to bring the neighborhood up to the DRI standards that are required. It's a Win/Win for the county.

If I lose my lawsuit- The taxpayers will inherit a 4 to 10 million dollar bill to repair it (Todays Dollars) and will surely face numerous more lawsuits over time that will seek money!

I have made the county aware, what they do now is up to them. I'm proud to have stood up for my neighborhood and will continue to do so for all citizens. Besides the cost of repairing the beach, Driftwood could be the single most expensive bill for repair the county has ever inherited! In these tight economic times we can't afford this. Sorry intrestedgirl, 4 to 10 million dollars is enough for me to get passoniate over anyday. If you would rather the county and the taxpayers pay this bill, please let me know and your reasoning. I would be glad to attend a public forum to present my documentation as long as it is before the election. After the election I'll have to abstain however the documents speak for themselves. It is important to note that the current commissioners did Not create this problem but unfortuneatly they have to decide. As for Commissioner Jones asking the balif to have me removed, he called me the next day and apoligized and I accepted. This is the mark of true maturity and I also told him I was sorry for being so passionate about it and he understood. "Larry, I appreciate your understanding and your willingness to take another look at it" I have worked on this for almost 3&1/2 years. By the way Sandestin is supposed to be paying for the county's legal bill per the agreement on the road abadonment. Ask your Commisioner if they are! If I were Sandestin I would let someone else defend me too if I could, Maybe the first step is for the county to hand them the legal bill, I bet they would talk then.
Driftwood is a very complicated issue but I hope this small synopsis sheds some light on my actions. Yes Ann, My legal name is Samuel Alan Osborne but I have ALWAYS gone by Alan, The court requires your full name, voting required you to run on the name that you go by.

I hope this helps, it's as honest as I can make it and keep it simple.
Alan Osborne
Beach Fanatic
#48
Thanks Alan for the above. I also received the email from Ann McQueen...have no idea who she is, or why I received an email from her. I did not appreciate her implications toward you.

I am not affiliated with Driftwood in any way, but I appreciate your willingness to stand up for yourself and your community...I am glad Commissioner Jones apologized--your passion for having an opportunity to speak at a public meeting is to be admired. We need more citizens willing to do the same. The Commissioners need to be more willing to hear the members of the public.

Good luck with the campaign.
Interested Girl avatar
Beach Fanatic
#49
I am still confused as to Alan's exact position with the Driftwood HOA.

Alan are you the President of the HOA?

If you are or were at the time these lawsuits were filed I could definately understand your name appearing on the suits. If you were not the President then I have a hard time dealing with your explanation.

Simple question.
Smiling JOe avatar
SoWal Expert
#50
I was present in the room when Commissioner Jones called for the Balif. Everyone in the room, including the Balif, was rather thrown back by the request, because it was uncalled for. At no time did Alan threaten, or try to approach to threaten Comm Jones, who started the meeting by telling Alan that he had only five minutes to speak, although Alan gave the County four years to do their job at which they failed. I was so surprised at Comm. Jones' calling for the Balif, that I started a thread about it here on SoWal.com, that night or the following day.
Smiling JOe avatar
SoWal Expert
#51
Interestedgirl, do you want to borrow a shovel to dig your hole deeper?

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