Customary Use and Our 30A Legacy

[Rachael Ashman McKee]

My bet is the some of the most vocal and anonymous on this thread are lawyers.

Without billable hours, I doubt that.

 

[BlueMtnBeachVagrant]

Dave R, don't know why you brought up that court decision. It was obvious even before Reggie commented on it that it had nothing to do with CU but with a previously recorded easement.

In addition, it is just a pedestrian easement, not camp out all day with your fraternity easement.

BTW Dave, you do know that most beach front owners don't have a problem with people respectfully walking the beach?

So are you going to acknowledge that positive aspect, the same as you did this case?

And you led your post with, "Yep. Popcorn popping to watch the other side try to minimize the judgment ruling in response posts...". Looks like Reggie took up your challenge and succeeded with a very succinct reply.

 

[mputnal]

This ruling did not test the doctrine of customary use. It is limited to the watercolor property and per the easement agreement between st joe and Walton county. It does indicate that Walton County was indeed utilizing the doctrine of customary use when approving the st joe development along the beach. I hope that Walton County can put together a few more easement agreements with other beach developments for single family construction and multi-family construction. If they have been consistent with their approvals that include the public beach easements then it could link up with customary use. But this is far from over. Walton County needs to be lawyered up equal to the opposition. They can’t afford procedural errors and over reaching arguments. In football terminology this will be decided by a field goal with one second on the clock.

 

[mputnal]

Rachael, we can agree to disagree and still be forum friends I hope! That is what community is about right? BTW I watched a lot of Perry Mason myself as a kid. I remember thinking how Mr. Mason was so good at knowing when the witness was lying. Was it the facial expressions, or voice deflections or the math did not add up in their story I wonder.

 

[Rachael Ashman McKee]

Absolutely, forum friends, and even in real life friends too. I would never discard anyone because of one disagreement, no matter how big. I am kind, open minded, and honest. Haven’t always been the first two, but I’ve always been honest.

 

[BlueMtnBeachVagrant]

But this is far from over. Walton County needs to be lawyered up equal to the opposition. They can’t afford procedural errors and over reaching arguments.

Are you implying that you’re not too impressed with the County’s current CU litigator...the same one that defeated customary use for hunters? I can garonteeee that people have hunted these lands a lot longer than they have setting up umbrellas, chairs, tents and coolers on the beaches.

 

[mputnal]

I am implying that wealth and power is behind these lawsuits on the side that wants to exclude people from the beach. Wealth and power is insatiable and are coming after our beach resources. Chicken little is on our beaches and is not wrong. So now more than ever CU activism needs to be at full swing. The legal arguments for CU will hinge on many factors including easement agreements. CU supporters need to think about Nick Saban's interviews after he wins a game. We need to double down on the coaches and players!

 

[mputnal]

Are you talking about the dog hunting that one of the power brokers was talking about? I have no problem with property owners not giving permission to dog hunters. My father loved dog hunting but I was the one taking breakfast and dinner scraps to the pens every day so I got a bad taste for dog hunting

 

[stone packard]

CU is a moot point for me. I don't care to vacation or spend time in South Walton anyway. Too crowded and too much traffic and it gets worse every year.

 

[mputnal]

When I now think of CU and what it means to society and compare that to how capitalism is owning and controlling 50% of the worlds resources how can you not support CU? These property rights power brokers are like a used car salesman. They tell you what is right about the product and nothing about what is wrong about the product. CU as it relates to protecting valuable resources, like our beach, is profoundly important to society and I am not talking about tourism. Our beach supports a human need for hope and happiness. If you go back 2 decades and compare how much beach was available to society and compare it to what is now available you will see more building and less sand dunes and that is just what we can see. Continuing this comparison the number of no trespassing signs and barriers have significantly increased. We are losing a valuable natural and beautiful resource to the richest 1%. All of us should be involved in shutting down these power brokers who are or work for this elite wealth that has corrupted capitalism and the American Dream to the tune of half of the worlds resources and growing. Don't buy the BS property rights argument that they own to the MHWL because the deed says so and because they paid for it. Money should never ever be allowed to have this much effect on human life where hope and happiness is a big part of human purpose. Money has already taken away our sense of sight of this valuable resource and is trying to take away our sense of touch and smell. But that is not enough and now they want to exclude society from the resource. We might could live with a ratio of public to private but if there is nothing to stop wealth from buying and building (and there isn't) and excluding the resource then we will eventually lose the resource. Customary Use has a role in stopping or at least severely slowing down the loss of our beach to wealth.

Of course RG, FBB, SCJ etal disagrees with my reasoning. The economic system works for them.