County sued for $3 Million+

Discussion in 'Local Government and Groups' started by Matt J, Dec 17, 2008.

  1. Matt J

    Matt J SWGB

    Joined:
    May 9, 2007
    Messages:
    21,910
    Likes Received:
    2,201
    Saw this on the news tonight that the BCC is being sued by Jolly Bay LLC for not approving their development. Normally I would include a link to the article, but it seems to have disappeared from all the local news outlets.
     
  2. AAbsolute

    AAbsolute Banned

    Joined:
    Mar 31, 2008
    Messages:
    1,816
    Likes Received:
    118
    Location:
    Watercolor, Watersound and 12 days a year 59th Str
    Another case of the County changing the rules in real time in order to impress their will upon a citizen. Dealing off the bottom of the deck for the greater good. Both the Florida and United States Constitutions sit opposite the dictum, "The ends justify the means"

    Whether or not a project is beloved by the population has no bearing on the mechanics of our Land Development Code.
     
  3. JC

    JC Beach Lover

    Joined:
    Nov 16, 2004
    Messages:
    170
    Likes Received:
    5
    Location:
    Grayton, Mallet Bayou, B'ham
    Jolly Bay files suit against the county
    December 2, 2008 - 11:51 AM
    Business Wire

    FREEPORT ? (BUSINESS WIRE) ? Landowner Jolly Bay LLC, a company dedicated to responsible and sustainable growth for Walton County and its residents, has filed a second lawsuit against Walton County, Florida, pursuant to Florida Statute 163, in Walton County First Judicial Circuit Court, in connection with the Board of County Commissioner?s denial of its project in September based on an unadopted standard made up by county staff after receiving public opposition to the project.

    The lawsuit seeks monetary damages against the county for what the company calls the unconstitutional taking of Jolly Bay?s property and for violations of its constitutional rights, including reimbursement of Jolly Bay?s attorneys? fees and costs.

    The lawsuit also requests that the court declare that the county unlawfully denied the project based upon the unadopted standard and order the immediate approval of the project.



    The Jolly Bay project is located one half mile from the northeast 331 bridge landing off Jolly Bay Road and included an upscale recreational vehicle park, a bed & breakfast, a 73-unit condominium, a boat docking facility and commercial spaces. Setting this project apart from other local projects, the plans had the project situated on 17 acres of a 60-acre tract of land in order to preserve 43 acres of natural landscape, and to ensure the integrity of, and compatibility with the surrounding area.

    ?Jolly Bay spent a lot of time and money working on the plans for an upscale project that was continually brought before the planning department staff over a two-year period before submittal of an application to ensure that the project met all Walton County Comprehensive Plan and Land Development Code requirements,? said Dana Matthews, of Matthews and Hawkins, attorney for Jolly Bay. ?Despite those efforts, Jolly Bay now finds itself in the position of having to sue to protect its constitutional rights and to seek millions of dollars in monetary damages from the County and its taxpayers.?
     
  4. Smiling JOe

    Smiling JOe SoWal Expert

    Joined:
    Nov 18, 2004
    Messages:
    31,648
    Likes Received:
    1,771
    No exactly, aabsolute. You really need some history, going back to the pre-planning stage, as well as the property owners' final push at the County. I won't go into detail, as it was a very lengthy final review, taking one regular meeting and two special meetings, each one being several hours. If they had been the least bit familiar with our Land Use Code, they would have known that their dog wouldn't hunt.
     
  5. Camellia

    Camellia Beach Fanatic

    Joined:
    Nov 26, 2004
    Messages:
    420
    Likes Received:
    113
    The Jolly Bay developers probably figure that winning a suit against Walton County would be easier than making a dime on the actual development of this parcel, at this point in the economy.
     
  6. jelly bean

    jelly bean Beach Comber

    Joined:
    Feb 22, 2007
    Messages:
    10
    Likes Received:
    4
    Jolly Bay LLC should send the county a thank you letter.
     
  7. AAbsolute

    AAbsolute Banned

    Joined:
    Mar 31, 2008
    Messages:
    1,816
    Likes Received:
    118
    Location:
    Watercolor, Watersound and 12 days a year 59th Str
    The 2 suits are seperate and distinct actions. There is the suit for damages and there is the Writ for Certiorari. The Writ for Cert. could take just weeks, but that would require a County Judge ruling against the County.

    All of this is outrageous to me. We have a citizen/neighbor who has to sue his own Local Government. The rest of us have to pay the County's legal bills no matter what and ultimately another settlement if the citizen prevails.
     
  8. AAbsolute

    AAbsolute Banned

    Joined:
    Mar 31, 2008
    Messages:
    1,816
    Likes Received:
    118
    Location:
    Watercolor, Watersound and 12 days a year 59th Str
    1 question Smiling Joe: Why did the County rush to enact a height restriction North of the bay after the Jolly Bay application was submitted?
     
  9. Smiling JOe

    Smiling JOe SoWal Expert

    Joined:
    Nov 18, 2004
    Messages:
    31,648
    Likes Received:
    1,771
    There is absolutely no reason why the County cannot win these suits. Just another case of an attorney trying to get paid.
     
  10. Smiling JOe

    Smiling JOe SoWal Expert

    Joined:
    Nov 18, 2004
    Messages:
    31,648
    Likes Received:
    1,771
    The applicants project was not rejected based upon structure height. Don't attempt to set up a false premise.
     
  11. AAbsolute

    AAbsolute Banned

    Joined:
    Mar 31, 2008
    Messages:
    1,816
    Likes Received:
    118
    Location:
    Watercolor, Watersound and 12 days a year 59th Str
    I agree that the Plaintiff's attorney is setting up for payment.
     
  12. ShallowsNole

    ShallowsNole Beach Fanatic

    Joined:
    Jun 22, 2005
    Messages:
    4,201
    Likes Received:
    708
    Location:
    Pt Washington
    They don't have to sue. They should take a step back and realize that trying to push a condominium at Jolly Bay is simply ridiculous, and not at all neighborly when all of the neighbors oppose it.
     
  13. AAbsolute

    AAbsolute Banned

    Joined:
    Mar 31, 2008
    Messages:
    1,816
    Likes Received:
    118
    Location:
    Watercolor, Watersound and 12 days a year 59th Str
    Is that your answer to my simple question?
     
  14. AAbsolute

    AAbsolute Banned

    Joined:
    Mar 31, 2008
    Messages:
    1,816
    Likes Received:
    118
    Location:
    Watercolor, Watersound and 12 days a year 59th Str
    I have some property I want to develop. How can I show you my plans prior to submitting for the Development Order so I can get your thoughts on what I should do?
     
  15. Smiling JOe

    Smiling JOe SoWal Expert

    Joined:
    Nov 18, 2004
    Messages:
    31,648
    Likes Received:
    1,771
    yes.
     
  16. Smiling JOe

    Smiling JOe SoWal Expert

    Joined:
    Nov 18, 2004
    Messages:
    31,648
    Likes Received:
    1,771
    That depends. Are you wondering how you can get neighbors' thoughts, or the County's. Also, when you say "prior to submitting for the DO," do you mean to the Planning Dept, Planning Commission, or the BCC?
     
  17. waltonco lover

    waltonco lover Beach Fanatic

    Joined:
    Aug 18, 2008
    Messages:
    261
    Likes Received:
    26
    My thought: They knew the project wouldn't get approved the whole time so they planned the whole time to sue, for money, not approval.

    Does anyone care about compatibility anymore?
     
  18. Smiling JOe

    Smiling JOe SoWal Expert

    Joined:
    Nov 18, 2004
    Messages:
    31,648
    Likes Received:
    1,771
    ...and, it might be said that it took two years to get rejected because lawyers get paid by the hour.
     
  19. sometime

    sometime Beach Crab

    Joined:
    May 20, 2008
    Messages:
    4
    Likes Received:
    0
    There could be another one in the pipeline. Private meetings with the staff and planning Director, put another developer in one direction and then would not stand behind their position in a public forum..stay tuned!
     
  20. waltonco lover

    waltonco lover Beach Fanatic

    Joined:
    Aug 18, 2008
    Messages:
    261
    Likes Received:
    26
    Im sure in this economy there will be several people beginning to sue the county, still doesn't mean any of them have any merit.
     

Share This Page