http://www.nwfdailynews.com/news/nwfdailynews-41134-bennett-property.html
A couple who have rented out their property in Santa Rosa Beach for weddings have sued Walton County, alleging that fines levied against them are unconstitutional. Karen and T. Reppard Bennett filed their complaint Thursday in Walton County Circuit Court. It is the latest action in a long-running dispute between the couple and county officials over weddings held on the Bennetts’ property on County Road 30A.
The Bennetts, owners of Pearly White Properties, are seeking damages and compensation in excess of $15,000 from the county....
The complaint states the Bennetts have been cited for code violations because they have used their property for “nonresidential uses.”
As of May, they had accrued $22,500 in fines after they were cited April 5 for renting their property for a wedding.
The Bennetts’ lawsuit was “forced” by the county’s position that renters of the property are banned from holding weddings or events, although no other properties have been so restricted and nothing in the county’s ordinances authorizes such a ban, according to Giesler.
“This is really more than the wedding issue,” he said. “It’s about whether Walton residents are governed by laws that apply to everybody or by the whims of some politicians and government workers. We’re not content to let a county attorney and a local code enforcement board have the final say on matters of federal constitution.”
Gerry Demers, the acting county administrator, said the Bennetts have challenged actions by the Department of Code Enforcement previously and lost.
“The judge will most likely make a decision, and if they lose then the Code Enforcement action stands” Demers said. “If they win, they go back for a rehearing (with the Code Enforcement Board.)”