Meeting at Commanders office tonight at 5:30
- Thread starter Suzanne Harris
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The original lawsuit did include the developer.
The County has since denied Tom Becnel (the developer) a permit to build a condominium complex because of non compliance with the regional impact order. Then there was a contempt order that Mark Davis tried to have vacated which forced the county to have to consider Becnel's original application.
I think the crux of the issue is that historically the County has tended to side with developers who have very deep pockets with lots of money in them to force the county (by filing contempt orders and lawsuits) to do their bidding. I don't think there was any particular incentive by the County to screw over the Driftwood residents intentionally but in trying to keep the developer happy, the end result was the home owners did get screwed.
^^ That needs to be addressed^^....but IMO, the alleged civil rights issue is frivolous.
Would anyone like to hazard a guess as to how many times Tom Becnel (the developer) who was found to be non compliant with the regional impact order in regard to Driftwood and Sandestin threatened and/or filed contempt orders and/or threatened lawsuits against the county?
The condominium complex he is determined to build in Sandestin and forced the County to revisit the permit for, after he was found non compliant is one that I know of. I'm told there are more. I just don't have the time or inclination to go digging through court records.
But I digress...the reason I'm asking is because the Driftwood HOA has/had an absolutely winnable lawsuit after Becnel was found non complaint and it just boggles my mind why anyone in their right mind would muddy the waters with the frivolous civil rights allegations.
Is this about being right? If so, Mr. Osborne has proven he was right in regards to the impact on Driftwood Estates but the issue that created the problem is still there. From what I'm hearing the problems are more than likely going to escalate if Becnel's permit for the condominium complex is approved.
I guess the question then becomes how much more damage will Becnel be allowed to get away with before the County says "enough is enough"? How much damage is to much?
The condominium complex he is determined to build in Sandestin and forced the County to revisit the permit for, after he was found non compliant is one that I know of. I'm told there are more. I just don't have the time or inclination to go digging through court records.
But I digress...the reason I'm asking is because the Driftwood HOA has/had an absolutely winnable lawsuit after Becnel was found non complaint and it just boggles my mind why anyone in their right mind would muddy the waters with the frivolous civil rights allegations.
Is this about being right? If so, Mr. Osborne has proven he was right in regards to the impact on Driftwood Estates but the issue that created the problem is still there. From what I'm hearing the problems are more than likely going to escalate if Becnel's permit for the condominium complex is approved.
I guess the question then becomes how much more damage will Becnel be allowed to get away with before the County says "enough is enough"? How much damage is to much?
Some here take Alan Osborne to task for his suing the county and suing Commissioner Comander personally. It might be informative, indeed instructive, were you each to take the time to examine the documents and attend the depositions in progress concerning these matters. While I’ve not seen all the documents or attended all the depositions, I have read a good many of the documents in these cases, and I’ve attended two of the depositions, spending all day today hearing Alan being deposed, another morning recently hearing Mr. Imfeld being deposed.
It’s easy to sit on the sidelines and take potshots at a man defending himself, especially if one does so in an information vacuum. It might just be a lot less easy to do so with knowledge of the facts.
I’ve seen and heard a lot of those facts, and folks, they do not flatter or favor the defendants in these cases. Were y’all to see and hear the evidence presented in sworn testimony, I suspect you’d have a different perspective. Were you and your family subjected to all that Alan and his family, and to a significant extent his neighbors, have been, you too would be fighting for your rights had you the courage and integrity Alan so abundantly does.
And at the end of the day, that’s what Alan is fighting for. On the evidence I’ve seen and heard to date over the last 6 years or so of following this case, I’ve seen or heard nothing to make me believe that Alan is wrongly pursuing any of these cases. It is the actions and inactions of the county that have injured him and his neighbors, and it is those actions and inactions that are the cause of the expensive legal process underway.
Unless the county either has a magic rabbit to pull from its hat or there are some disqualifying procedural or legal technical issues that have nothing to do with the merits of the cases, I expect that the taxpayers of this county are going to get socked with a big bill for damages when this case is over. This did not have to be.
Alan has been wronged by this county. He is not only within his rights as a citizen to seek redress; he deserves to be admired for having the courage of his convictions and backing that courage with his personal checkbook.
How many of you would sit quietly by if the county ignored its own ordinances and ignored its own professional staff telling them they were in the wrong, the result of which was the assessed value of your home going down about 60% and being virtually unsellable?
Who among you would accept having your neighborhood turned into a swamp by the county ignoring the law and its own staff, with an insect infestation such that last night SW Mosquito Control harvested over 500 mosquitos and over 100 yellow flies from just one trap in Alan’s neighborhood. (The technical term for such a haul is HOLY CRAP!!) I’ve received the SWMCD picture of that haul this evening. I’ve seen and heard too many other instances of the injustice meted out by the county to Alan and his neighbors to sit quietly by any longer while some unjustly criticize Alan out of ignorance of the facts. The deposition today cinched it for me.
The financial harm he has suffered pales beside the emotional aspects of his trauma at the hands of this county. Few would have the strength to persevere.
I’m familiar first-hand with a lot of the evidence in this case, and it sickens me to think that local government could and in fact would volitionally do what is has done to this man. I can only hope that each of you who are so ready to criticize Alan doesn’t have the misfortune to have the county treat you as it has him. Don’t delude yourselves that you are somehow immune to this sort of arbitrary injustice. You are assuredly not.
It’s easy to sit on the sidelines and take potshots at a man defending himself, especially if one does so in an information vacuum. It might just be a lot less easy to do so with knowledge of the facts.
I’ve seen and heard a lot of those facts, and folks, they do not flatter or favor the defendants in these cases. Were y’all to see and hear the evidence presented in sworn testimony, I suspect you’d have a different perspective. Were you and your family subjected to all that Alan and his family, and to a significant extent his neighbors, have been, you too would be fighting for your rights had you the courage and integrity Alan so abundantly does.
And at the end of the day, that’s what Alan is fighting for. On the evidence I’ve seen and heard to date over the last 6 years or so of following this case, I’ve seen or heard nothing to make me believe that Alan is wrongly pursuing any of these cases. It is the actions and inactions of the county that have injured him and his neighbors, and it is those actions and inactions that are the cause of the expensive legal process underway.
Unless the county either has a magic rabbit to pull from its hat or there are some disqualifying procedural or legal technical issues that have nothing to do with the merits of the cases, I expect that the taxpayers of this county are going to get socked with a big bill for damages when this case is over. This did not have to be.
Alan has been wronged by this county. He is not only within his rights as a citizen to seek redress; he deserves to be admired for having the courage of his convictions and backing that courage with his personal checkbook.
How many of you would sit quietly by if the county ignored its own ordinances and ignored its own professional staff telling them they were in the wrong, the result of which was the assessed value of your home going down about 60% and being virtually unsellable?
Who among you would accept having your neighborhood turned into a swamp by the county ignoring the law and its own staff, with an insect infestation such that last night SW Mosquito Control harvested over 500 mosquitos and over 100 yellow flies from just one trap in Alan’s neighborhood. (The technical term for such a haul is HOLY CRAP!!) I’ve received the SWMCD picture of that haul this evening. I’ve seen and heard too many other instances of the injustice meted out by the county to Alan and his neighbors to sit quietly by any longer while some unjustly criticize Alan out of ignorance of the facts. The deposition today cinched it for me.
The financial harm he has suffered pales beside the emotional aspects of his trauma at the hands of this county. Few would have the strength to persevere.
I’m familiar first-hand with a lot of the evidence in this case, and it sickens me to think that local government could and in fact would volitionally do what is has done to this man. I can only hope that each of you who are so ready to criticize Alan doesn’t have the misfortune to have the county treat you as it has him. Don’t delude yourselves that you are somehow immune to this sort of arbitrary injustice. You are assuredly not.
Holy Cow what a rant!
In the past, I have personally attended several of the public meetings in which Mr. Osborne has spoken in regard to Driftwood and they have not all been respectful or professional by either of the parties involved. Does that mean that Ms. Comander intentionally tried to prevent Mr. Osborne from attending a public meeting, violating his civil rights in the process? I don't think it does but I'm not a civil rights attorney either. It's just my personal opinion.
I don't recall reading anywhere on this forum where anyone has said that Mr. Osborne didn't have a legitimate grievance against the county and the developer (Becnel) in regard to violations of the regional impact order. In fact, the County has agreed to fix the problems and has found Becnel to be non complaint and attempted to prevent further development.
Does that mean both parties have always acted professionally in their own best interests? Assuredly not! Does that mean Mr. Osborne's civil rights were violated by a smart-a$$ed remark made by a County Commissioner...again, in my personal opinion, I don't think so. Does that also mean that there were attempts to actually prevent him from attending PUBLIC meetings? Again, I'm not a civil rights attorney but in my own opinion I think that is a VIVID stretch of the imagination and thankfully I don't get paid the big bucks to sort it all out. That is what the attorneys are for. Have BOTH parties acted unprofessionally...absolutely!
Perhaps since you are aware of much of what has transpired (by your own admission) you could tell us how many claims have been filed (for damages caused by flooding, mosquitoes and/or yellow fly) and paid by homeowners insurance in Driftwood Estates? If all this damage has been done to the actual homes there is bound to be a paper trail isn't there?
In the past, I have personally attended several of the public meetings in which Mr. Osborne has spoken in regard to Driftwood and they have not all been respectful or professional by either of the parties involved. Does that mean that Ms. Comander intentionally tried to prevent Mr. Osborne from attending a public meeting, violating his civil rights in the process? I don't think it does but I'm not a civil rights attorney either. It's just my personal opinion.
I don't recall reading anywhere on this forum where anyone has said that Mr. Osborne didn't have a legitimate grievance against the county and the developer (Becnel) in regard to violations of the regional impact order. In fact, the County has agreed to fix the problems and has found Becnel to be non complaint and attempted to prevent further development.
Does that mean both parties have always acted professionally in their own best interests? Assuredly not! Does that mean Mr. Osborne's civil rights were violated by a smart-a$$ed remark made by a County Commissioner...again, in my personal opinion, I don't think so. Does that also mean that there were attempts to actually prevent him from attending PUBLIC meetings? Again, I'm not a civil rights attorney but in my own opinion I think that is a VIVID stretch of the imagination and thankfully I don't get paid the big bucks to sort it all out. That is what the attorneys are for. Have BOTH parties acted unprofessionally...absolutely!
Perhaps since you are aware of much of what has transpired (by your own admission) you could tell us how many claims have been filed (for damages caused by flooding, mosquitoes and/or yellow fly) and paid by homeowners insurance in Driftwood Estates? If all this damage has been done to the actual homes there is bound to be a paper trail isn't there?
Sarcastic remarks can sometimes strongly suggest defamation IMO. Public officials probably should avoid sarcastic remarks about private citizens.
So should private citizens in public meetings!
P.S. I don't believe Mr. Osborne's complaint involves defamation of character. The issue as I understand it, is whether or not the County attempted and/or DID violate his civil rights by keeping him from attending a PUBLIC meeting.
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I take a very strong exception to the suit filed by Alan Osborne against a Walton County Commissioner. Let me say this as succinctly and simply as I can. It costs me and every other Walton County taxpayer money! If Mr Osborne has actually been denied entrance to any public meeting, let him so state when and where. The majority of Walton County citizens have supported his actions regarding Driftwood Estates. Unless he can show he was actually denied entrance to an advertised public meeting, he is doing ALL of Walton County a disservice by pursuing this suit. I have been a very strong supporter of Alan Osborne in his quest to help Driftwood Estates. If he can show he was actually prevented from attending an announced public meeting, I shall support him there as well. The facts, as I have been given them, is...he can't and is frivously costing us all money.
So if I am reading this correctly, Mr Osborne is suing over a violation of his civil rights, that being the denial of his entrance to an advertised public meeting or some such thing? He is not suing over the Driftwood Estates affair and all the stuff that goes with it? He has or the Lawyers have agreed to have "open to the public" depositions before the court case? Have the plaintiffs in the case asked for a change of venue?
It is my understanding that the two suit are seperate and distinct. If such is not the case, someone please so state.