Daily News Article
By Tom McLaughlin
David Theriaque, the county’s land use attorney, said at a Monday hearing that while his client at this time continues to consider a single ruling on its customary use petition the preferable option, recent discussions had focused on holding individual hearings on “smaller sections.”
DeFUNIAK SPRINGS – For the first time since Walton County filed a legal complaint seeking a declaration of recreational customary use on its beaches, its attorneys have conceded they could consider something less than a blanket declaration along all 26 miles of coastline.
County commissioners and the attorneys had previously argued that all of the beaches in the county should be public by virtue of customary use.
David Theriaque, the county’s land use attorney, said at a Monday hearing that while his client at this time continues to consider a single ruling on its customary use petition the preferable option, recent discussions had focused on holding individual hearings on “smaller sections.”
The decision on whether to differentiate between beach properties based on the unique nature of the many communities represented along the Walton County coast could be a critical one. It will not be made, however, for quite some time.
Theriaque also commented that the county does not accept the premise that if one or two privately owned properties along the beach are declared not to fit the definition of customary use – public by means of having been accessed by humankind since time immemorial – that its legal action should be thrown out in its entirety.
The first item determined at a case management conference held to streamline hearing schedules and other procedural issues, was that the handful of motions to dismiss the customary use action must be heard before any others.
“Their resolution will determine what steps we will take next,” County Court Judge David Green said of the dismissal motions before turning the hearing over to the 28 attorneys assembled before him either in person or over the phone.
Motions to dismiss will be heard on Oct. 21 and Nov. 12.
The lawsuit over which Green has been tasked with presiding originated on Dec. 11 when attorneys representing Walton County filed four documents, including a complaint for declaration of recreational customary use.
It was filed to conform to the dictates of the controversial H.B. 631, which in 2018 wiped a customary use ordinance passed by the Walton County Commission off the map and created a beach environment pitting some beach property owners against some beachgoers.
Some beach owners have gone so far as to rope off their properties, put up no trespassing signs and hire security guards to keep visitors off of the dry sand areas of the land they own.
Green also ruled that Walton County’s attorneys had done all they need to do to insure that all people listed as beach property owners -- County Attorney Sidney Noyes estimated the number at around 4,700 -- had been notified of the customary use proceedings.
Noyes said there were just 24 residences the county had attempted to notify for which no evidence existed that the mailing had arrived at the targeted address, and she vowed to keep trying to find them.
Also at the hearing, Green committed to, at some point, work with attorneys to define some of the obscure terms by which customary use is described. Attorney Kent Sefriet suggested the court case would move more smoothly forward if terms like “ancient,” “free from dispute” and “time immemorial” were clearly defined.
The hearing itself went surprisingly smoothly, given the complexity of the issues before the court and the number of attorneys present. Scheduled for two hours, it was over in just more than one hour.
Exiting attorneys gave credit for the smooth running hearing to Green.
“Keeping up with everything that has been brought up is a challenge, but he’s up to it,” attorney David Pleat said.
