An Aug. 22 hearing has been set in connection with litigation filed against Walton County by the owners of a Seagrove Beach rental home often used for large wedding parties, receptions and other events.
Karen and Reppard Bennett filed suit against the county in June 2011, a month after the Walton County Code Enforcement Board found them in error for a repeat violation of county code. This was for alleged used of the rental home, located in a residential land use area, in a "nonresidential" manner, based on the frequency of events taking place at the home.
The property owners were directed to cease and desist use of the home in this fashion. Imposed in connection with the finding of repeat violation were daily fines of $500 per day beginning on April 5 and continuing until such time as code compliance was determined to have been achieved.
The Bennetts' June 2011 lawsuit maintains that the fines are illegal and in violation of their constitutional rights to due process and equal protection under the law. On June 29, the Bennetts filed a motion for temporary injunction that, if approved, would stop enforcement of the code enforcement board order, which they argued, would "result in immediate and irreparable injury, loss, and damage" to them.
In July, the Bennetts filed an additional lawsuit, an appeal of the code enforcement board finding of violation and order.
Walton County responded to the Bennetts' first lawsuit on July 18 with a motion to dismiss the suit "or in the alternative to make a more definite statement of their claims."
In the motion, the county maintains, among other arguments, that the plaintiffs had "failed to plead facts which demonstrate that they have any legally cognizable federal due process claims against Walton County," noting that "they were afforded and utilized the available procedures to challenge the code enforcement violation before the County Code Enforcement Board."
In addition, the county argues that the Bennetts' claims of violation of equal protection do not meet the requirement of showing that they were treated differently "from other similarly situated individuals"---or that an ordinance was unequally applied in a manner to discriminate against them.
Contacted on July 29, the Bennetts' attorney, Steven Gieseler of Port St. Lucie, said that the Bennetts' motion for temporary injunction would be considered at the Aug. 22 hearing. Walton County Judge David Green will consider the motion. Gieseler said a decision on the injunction could be rendered right away or could take longer.
Gieseler's only comment regarding the county response was that such a motion is standard operating procedure for a defendant. "We're confident the case will proceed to be heard in full by the court," he said.
Walton County has declined comment on the litigation.
Karen and Reppard Bennett filed suit against the county in June 2011, a month after the Walton County Code Enforcement Board found them in error for a repeat violation of county code. This was for alleged used of the rental home, located in a residential land use area, in a "nonresidential" manner, based on the frequency of events taking place at the home.
The property owners were directed to cease and desist use of the home in this fashion. Imposed in connection with the finding of repeat violation were daily fines of $500 per day beginning on April 5 and continuing until such time as code compliance was determined to have been achieved.
The Bennetts' June 2011 lawsuit maintains that the fines are illegal and in violation of their constitutional rights to due process and equal protection under the law. On June 29, the Bennetts filed a motion for temporary injunction that, if approved, would stop enforcement of the code enforcement board order, which they argued, would "result in immediate and irreparable injury, loss, and damage" to them.
In July, the Bennetts filed an additional lawsuit, an appeal of the code enforcement board finding of violation and order.
Walton County responded to the Bennetts' first lawsuit on July 18 with a motion to dismiss the suit "or in the alternative to make a more definite statement of their claims."
In the motion, the county maintains, among other arguments, that the plaintiffs had "failed to plead facts which demonstrate that they have any legally cognizable federal due process claims against Walton County," noting that "they were afforded and utilized the available procedures to challenge the code enforcement violation before the County Code Enforcement Board."
In addition, the county argues that the Bennetts' claims of violation of equal protection do not meet the requirement of showing that they were treated differently "from other similarly situated individuals"---or that an ordinance was unequally applied in a manner to discriminate against them.
Contacted on July 29, the Bennetts' attorney, Steven Gieseler of Port St. Lucie, said that the Bennetts' motion for temporary injunction would be considered at the Aug. 22 hearing. Walton County Judge David Green will consider the motion. Gieseler said a decision on the injunction could be rendered right away or could take longer.
Gieseler's only comment regarding the county response was that such a motion is standard operating procedure for a defendant. "We're confident the case will proceed to be heard in full by the court," he said.
Walton County has declined comment on the litigation.
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