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Kurt

Admin
Staff member
Oct 15, 2004
2,233
4,925
SoWal
mooncreek.com
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.)”
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
If we in this county cannot say what our land use codes are, then be prepared to look just like Destin does and all of you know what I mean. Sustainable growth is growth controlled and their lawyer is right. It is about much more than weddings.
It is my fervent hope the judge in this case realizes community leaders have, not only the right, but also the responsibility to decide how an area will develop. There is no Constitutional issue here other than one in the lawyer's head. It is too bad the Bennett's see fit to ignore the laws and ordinances that the rest of us must live by. I hope they get what they deserve.
 
I really don't know how I feel about this.

I enjoy seeing weddings on the beach. It makes me smile. As long as the guests don't park on the neighbors' property and don't violate the noise ordinance, it seems okay.

On the other hand, there have been private parties in our neighborhood where the guests blocked the parking area for our home. I have seen other parties in SoWal where guests have parked on top of nicely-landscaped areas. Guests just want to park, and many don't seem to care what they damage. That's why for our daughter's wedding reception at our home in Georgia last June 19, we hired two police officers to control traffic and hired drivers for rented vans to transfer people from a school parking lot three houses away to our house. I would hope that the Bennetts are requiring similar supervision so as not to inconvenience any of their neighbors.
 

Franny

Beach Fanatic
Mar 27, 2005
4,046
410
Pt. Washington
Andy, I don't believe you have ever attended the Bennetts' wedding parties. Just to educate you the Bennetts' hire off duty sheriff officiers to maintain complete control of their events, including noise, parking issues, etc.
 
I am sure they are nice people Franny, but the bottom line is their property is not being used as it was zoned and many locals don't appreciate living next to a continious wedding party. I am pleased to see that the county has been enforcing the law and agree completely with Andy.
 

Bob Wells

Beach Fanatic
Jul 25, 2008
3,380
2,857
If we in this county cannot say what our land use codes are, then be prepared to look just like Destin does and all of you know what I mean. Sustainable growth is growth controlled and their lawyer is right. It is about much more than weddings.
It is my fervent hope the judge in this case realizes community leaders have, not only the right, but also the responsibility to decide how an area will develop. There is no Constitutional issue here other than one in the lawyer's head. It is too bad the Bennett's see fit to ignore the laws and ordinances that the rest of us must live by. I hope they get what they deserve.

That don't sound to much like the basic tenets of the Tea Party.
 

Gidget

Beach Fanatic
May 27, 2009
2,469
636
Blue Mtn Beach!!
IDK enough about this - I truly haven't followed it. But I do believe in following rules as Andy and DTI said. In particular, neighborhood zoning laws, picking up after our pets, not littering, not burning, not leaving tents and tarps on the beach overnight, all the things that make ours a truly civilized society where people can live in peace and quiet and orderliness. I personally would NOT want to live next to a place having weddings all summer.
I like an atmosphere as quiet as undiscovered tomb
1lg144palmshammock.gif
 

beachFool

Beach Fanatic
May 6, 2007
938
442
I agree with everything except the last sentence my friend Andy wrote. For Andy and me, that's pretty good.

In south Georgia I am not allowed to drill another 12 inch irrigation well and put the land into crop production.

My farm is too close to the Flint River so I guess we are zoned "no more irrigation wells".

Scientists feel increased drilling in South Georgia will impact the Flint/Chattahoochee drainage basin.

Owning real estate carries zoning risk via land-use regulation.

You mitigate risk by diversification. Some real estate investments have virtually no zoning risks.
 

30A Skunkape

Skunky
Jan 18, 2006
10,286
2,312
53
Backatown Seagrove
Interesting letter to the editor in this week's Defuniak Herald on this topic. Maybe someone can link to it. In a nutshell, some old time Walton 'mafia' members have a stake in the lucrative beach wedding bidness, but don't have much in the way of interference.
 
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