Destin says it won't arrest beach restoration crews
May 02, 2007
By Patrick Donohue
(850) 654-8445
pdonohue@link.freedom.com
DESTIN -- Some Destin beachfront property owners have called for the arrest of beach restoration crews on charges of trespassing when the project resumes in the next few days.
But an attorney for the Okaloosa County Sheriff?s Office said that?s not going to happen and Destin City Manager Greg Kisela said the project will restart as soon as a dredge arrives.
Kisela penned a letter to those property owners as well as their legal representatives, the Atlanta-based Southeastern Legal Foundation, saying that beach restoration will go on.
?The city has directed Great Lakes, as the city?s agent for this specific purpose, to access all beachfront properties necessary to place beach and dune fill material at the locations required by the contract documents,? Kisela wrote.
He said the dredge Liberty Island is scheduled to arrive in Destin this coming weekend and that work would begin ?immediately.?
The project is scheduled to take 45-50 days and will add 80-100 feet of beach to the 2 miles of Destin beach east of Henderson Beach State Park. The project is the last leg of a joint project between Destin and Walton County that saw 5 miles of beach in Walton County restored earlier this year.
The project?s initial cost was $22 million but due to delays and work stoppages, the total cost of the project is now about $28 million.
Here are the texts of three letters pertinent to the beach restoration issue: the first from Southeastern Legal Foundation to Okaloosa County Sheriff Charlie Morris; the second from an attorney representing the sheriff to the Southeastern Legal Foundation; and the third from the city manager to interested parties, including the Southeastern Legal Foundation.
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This letter, dated April 17, was written by Shannon Goessling, executive director of the Southeastern Legal Foundation, in Atlanta, to Okaloosa County Sheriff Charlie Morris:
Dear Sheriff Morris,
I am writing you to inform you several of our clients may be calling on you for assistance regarding the imminent trespass on their private property by employees, agents or other persons associated with Great Lakes Dredge and Dock Co. or with the city of Destin. Our clients would like any of these persons arrested and prosecuted to the fullest extent possible under the law.
As you will recall, our clients reside on several parcels of beachfront property in Destin, which are the subject of lawsuits pending at the Florida Supreme Court and at the Court of Appeals. Specifically, with regard to the Court of Appeals case, on March 6, 2006, our clients filed a notice of appeal of the Circuit Court?s denial of their motion for a temporary injunction. On May 19, 2006, our clients filed an unopposed motion asking the Court of Appeals to hold their appeal in abatement so the Supreme Court could decide an appeal in a related case, referenced below, that would likely be dispositive of both cases. Our clients? motion was granted on May 24, 2006. Please see ?Save Our Beaches Inc. and Stop the Beach Renourishment Inc. v. Department of Environmental Protection, City of Destin and Walton County; 1st DCA Case No. 1 DO5-4086 (the ?ECL Litigation?) (reported at 31 Fla. L. Weekly, D1173 C, Fla. 1st DCA, April 28, 2006.)
In early December 2006, despite the fact that the Court of Appeals had declared the beach work permit unlawful, the city of Destin indicated it intended to resume beach work on plaintiffs? properties despite their opposition and pending appeal. Consequently, on Dec. 7, 2006, our clients asked the Court of Appeals to relieve the abatement and to decide the appeal because the city?s work would likely conclude before the Florida Supreme Court disposed of the ECL litigation. On Jan. 12, 2007, this court granted the motion and reactivated our clients? case. However, the Court of Appeals has not yet reached a decision.
Recently obtained information reveals Destin, or its agents, is now poised to force its way onto our clients? lands within the next few days despite the posture of the above-noted cases. Besides being in open disregard of the Court of Appeals? finding that the underlying permit is invalid, such action by Destin would permanently destroy any possibility of our clients? obtaining meaningful relief. In addition, Destin?s actions would nullify all of the time, effort and expense put into these matters by all the courts and judges involved. The wrongness of the city?s activities are brought into sharp focus by the fact that the Florida Supreme Court is set to hear oral arguments in the ECL litigation this Thursday, April 19, 2007.
Our clients? case has been pending in the Court of Appeals since March 22, 2006, and its resolution is expected soon. In both our clients? case and the ECL litigation, the courts are close to providing decisions that will resolve all these issues one way or another. It is wrong to destroy the subject matter of our clients? case while it is still under judicial review.
Disregarding the status of these cases and wishing to complete their controversial task before the courts have finished with their say, the city has directed Great Lakes to enter upon and pump sand onto our clients? lands against their wishes. We have placed Great Lakes on notice that its employees must stop from entering the property in question. For your review, we have attached copies of our previous letters to Great Lakes informing them they should stay off our clients? lands.
We assert that any entrance by any such employee or agent would violate Fla. Stat. 810.09 trespass on property other than structure or conveyance. This provides in pertinent part,
1) (a) A person who, without being authorized, licensed or invited, willfully enters upon or remains in any property other than a structure of conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing or cultivation as described in s. 810.011.
Our clients who may be in touch with you are very concerned the actions of Great Lakes and/or Destin may irreparably damage their private property rights. Any person violating the above statute should be arrested or removed from our clients? properties. We thank you in advance for your courtesy in assisting them to enforce their rights. Our clients, these citizens, look to you to help them protect from encroachment what is rightfully theirs.
If you have any questions concerning this letter, or if you would like to discuss the situation, please call me at your convenience.
Sincerely yours,
Shannon L. Goessling, Esq.
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This letter, dated April 19, was written by James R. Murray, an attorney representing Sheriff Charlie Morris, to Shannon Goessling at the Southeastern Legal Foundation, in Atlanta:
Dear Ms. Goessling,
The sheriff is well aware of the ongoing property dispute between your clients and the city of Destin, Fla. The dispute has been going on for a number of years and appears to be near a judicial resolution.
Because this matter is in the civicl court of appeal, the sheriff?s office will not insert itself into the controversy by making criminal arrests that arise out of the very issues before the court. This matter has been reviewed by the State Attorney?s Office on a number of occasions and that office has declined criminal prosecution.
If you feel an imminent trespass is about to occur, then I would respectfully request that you immediately bring the matter to the attention of the First District Court of Appeal in the form of injunctive relief or a restraining order.
The sheriff?s office will respond and document any dispute between our clients and the city of Destin or its agents. A report will then be forwarded to the State Attorney?s Office. The sheriff?s office will not be making custodial arrests concerning trespass allegations arising out of the issues currently before the court of appeal.
If you have any questions, please feel free to contact me directly.
Sincerely,
James R. Murray
Attorney for the sheriff
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This letter, dated April 30, was written by Destin City Manager Greg Kisela:
To whom it may concern:
The City of Destin, along with the Board of County Commissioners of Walton County, has entered into a beach renourishment contract with Great Lakes Dredge and Dock Co., LLC. In order to complete this project, the city of Destin has found it necessary to exercise its police powers to provide Great Lakes access to certain upland properties within the project beach fill area. The city has directed Great Lakes, as the city?s agent for this specific purpose, to access all beachfront properties necessary to place beach and dune fill material at the locations required by the contract documents. The Okaloosa County Sheriff?s Office understands the city of Destin is exercising its police powers to complete this project and will not arrest employees or agents of the city in performance of this work.
To avoid claims for damages we encourage you not to delay Great Lakes? completion of this work.
If you have any comments or concerts please contact me at (850) 837-4242.
Sincerely,
Gregory Kisela
City manager
