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Teresa

SoWal Guide
Staff member
Nov 15, 2004
30,623
9,451
South Walton, FL
sowal.com
SoWal resident Jacquee M. posted in Walton County Visioning group recently:

Here is my letter to the editor regarding the WC CUSTOMARY USE SETTLEMNT AGREEMENT. It was published yesterday in the Defuniak Herald Newspaper.

FEEL FREE TO SHARE FAR & WIDE! EMAIL THE COMMISSIONERS:
Commissioner William Boots McCormick
mccboots@co.walton.fl.us
Commissioner Danny Glidewell
glidanny@co.walton.fl.us
Commissioner Donna Johns
johdonna@co.walton.fl.us
Commissioner Tony Anderson
andtony@co.walton.fl.us


It’s been a long journey since the fight for the customary use (CU) of our beaches became an issue with a powerful, political push allegedly from a former well connected local politico and their associates. In 2018 HB 631, designed to target the CU of Walton County beaches, was introduced in the Florida legislative session and was signed into law by Governor Rick Scott.

What has transpired since then has been a series of decisions and debacles that moved from the sunshine into the darkness. A passionate and engaged public with the most to lose, is being shielded from the negotiations of a supposed settlement. Two of the three interested parties are now involved in crafting the details.

Last week on June 14th I took a chance and asked Walton County public records for a copy of the CU settlement. The following day I received it. For the first time in months I, as a private citizen, I can read the terms. Prior, it’s been rumors about a settlement that have clued in the public about it’s possible existence. I thought that we were proceeding with the terms of HB 631 and the process it outlined. What happened and why weren’t we told about the transition? To think that one of the most consequential decisions in Walton County’s long history is being made out of the sunshine seems dishonest, foul and very shortsighted.

As I sit and read through the settlement I am outraged which turns to feelings of disgust and betrayal. I think to myself, who wrote this? Surely it can not be those “representing the public”. County leadership has always vocalized a steadfast support for the CU of Our Beaches since HB 631 became law, now they are surrendering.

I’ve been involved in community issues for several decades. Below, my opinions and my takeaways. I am not an attorney:
This agreement will supersede all others, thus abandoning the Doctrine of Customary Use forever.

Most of the power is being handed to a minority of Walton County owners.
5 years of gathering historical data, testimony, affidavits, means legal and research fees go to waste.
Promises of prompt and continual enforcement “…at all times…” will divert critical taxpayer dollars to a small minority of owners.

Emphasis is on minority property owner safety, i.e., overcrowding, when citizens have been clamoring for years to establish load factors across many areas of safety, I.e., roadways, parking and infrastructure, building, public beaches, etc.

Many beachfront owners “acquired” the sand between their original property line and the water, through stealthy quiet title actions. The county did not step in to represent the people’s interest. That has left a staggered line of properties along our shoreline that will create more confusion for all.

The text is confusing and subject to the whims of a changing minority.

Owners can opt out and/or enforce when they are not present.

The Walton County Beach Activities Ordinance will be promptly altered to meet the minority’s demands.

No mention of allowing umbrella use in a world fraught with skin cancer.

And the coup de grace, public curfews. Allowed use of the 20’ of sand from the water, which fluctuates, is from 9AM-4PM. That’s right, you must leave before sunset!

When tourism floats the county’s economy, how many additional hoops do our decision makers think that visitors will jump through while paying excessive rental prices before they decide to choose other destinations?
The beach is hallowed ground. It’s a sacred place where we go to relax, rejuvenate and forget our troubles. We share a mutual experience with friends, family and those that are not yet friends. Should this be adopted, our serenity will be artificially hijacked by signs, inches, guards and patrols by those that seek to exclude and hoard our precious white sand, our holy refuge. The heart and soul of our community will be changed forever. It is truly heartbreaking for this place that I love so much.

Jacquee Markel
Dune Allen Beach
 

SUP Boarder

Beach Lover
Jun 12, 2019
115
73
Seacrest
So this is what we've been fighting 5 years for...?!? This settlement could have been reached on "day 2" of the lawsuit. ~80,000 residents in Walton now policed by 1,200 (1.5%) for part-time use of the beach.
 

James Bentwood

Beach Fanatic
Feb 24, 2005
1,525
625
So this is what we've been fighting 5 years for...?!? This settlement could have been reached on "day 2" of the lawsuit. ~80,000 residents in Walton now policed by 1,200 (1.5%) for part-time use of the beach.
But a lot of lawyers would have missed out on some boat payments.
 

WalCo

Beach Lover
Sep 13, 2021
191
79
Walton County FL
Date: June 30, 2023


NOTICE OF SPECIAL MEETING FOR EXECUTIVE SESSION

Take notice that the Walton County Board Of County Commissioners will hold a
SPECIAL MEETING and a closed EXECUTIVE SESSION on July 5 2023 at 9:00 a.m., or as
soon as possible after that time, at the South Walton County Courthouse Annex Board Room
located at 31 Coastal Centre Blvd., Santa Rosa Beach, to discuss the following:
In Re: Affirming Existence of Recreational Customary Use on 1,194 Private Properties Located
in Walton County, Florida, Case No. 2018-C4-547


The following persons will attend the meeting: the Board Of Commissioners, William
"Boots" McCormick, Danny Glidewell, Donna Johns, and Tony Anderson; Tony Cornman,
Interim County Administrator; Clay Adkinson, Acting County Attorney; Matthew Richardson,
Assistant County Attorney; Frankie White, Assistant County Attorney; David Theriaque, Glenn
Burhans, Bill Warner and Eric Krebs, Special Counsel. This meeting will be recorded by a certified
court reporter. The court reporter will prepare a verbatim record of the meeting, which will be
sealed until conclusion of the litigation. The executive session is not open to the public pursuant
to Section 286.011 (8), Florida Statutes.

Clay Adkinson, Acting County Attorney

As approved by the BCC on January 24, 2023.
 

mputnal

Beach Fanatic
Nov 10, 2009
2,292
1,801
That settlement is hard to read and even harder to believe. Private property owners now own the sunset!!! Wow...
 

Dawn

Beach Fanatic
Oct 16, 2008
1,250
540

By DOTTY NIST

It has been reported that Walton County’s customary use of the beach lawsuit has been resolved or is in the process of being resolved for all parcels except one. However, as of June 30 the county’s recent efforts to avoid the case going to trial had not succeeded.

In the original case filed in December 2018, Walton County had sought to affirm a right by the public to customary recreational use of the beach on all privately-owned parcels along the 26-mile coastline. Listed in the customary use court complaint had been 1,194 parcels.

Hundreds of parties, mainly beachfront property owners, had intervened in the lawsuit in opposition to the county court complaint.

Since the Walton County Board of County Commissioners’ (BCC) voting in February 2023 to pursue a settlement of the lawsuit, county legal counsel has been engaged in working with property owners to resolve the matter without the case having to go to trial. It had been anticipated that the trial would cost the county approximately $8 million or more.

In May 2023, the BCC had approved a final settlement agreement that would apply to lawsuit intervenors opting to participate in the agreement—and had authorized the BCC chairman to sign that agreement.

At a June 30, 2023, court hearing on the lawsuit in Walton County Circuit Court, Clay Adkinson, acting county attorney, reported that issues with the lawsuit had been resolved or were in the process of being resolved with all intervenors with the exception of one parcel. The manner of resolution was either through dismissals or parties entering into the settlement agreement.

Kent Safriet, an attorney representing a group of intervenors, spoke about the Alford parcel, one of the beachfront properties whose owners he is representing in the lawsuit.

Safriet discussed that the property owners, the Alfords, are opting to proceed in the customary use litigation and had also filed a counterclaim against the county in the lawsuit.

The Alford property is located in Miramar Beach, an area in which in April the county had dismissed several hundred parcels from the lawsuit. The Alford property was not among those, but Walton County had opted to drop from the case what was identified as Zone 1 in the lawsuit, the Miramar Beach area.

Property owners Lionel and Tammy Alford had filed their counterclaim in April 2021. The counterclaim, together with challenging/denying that Walton County is entitled to a declaration of customary use on their property, also charges that Walton County’s customary use ordinance, which was in effect from April 1, 2017 until July 1, 2018, represented an unconstitutional temporary “taking” of the counterclaimants’ property without compensation. Payment for damages, attorney fees, and other costs are sought by the property owners in connection with this filing.

In addition, with the counterclaim the Alfords are seeking a declaratory judgment that the Florida Supreme Court’s 1974 adoption of the doctrine of customary use was unconstitutional and that the doctrine is unconstitutionally vague and violates due process rights.

Discussion at the June 30 court hearing resulted in a decision by Walton County Circuit Court Judge David Green, presiding judge in the case, to schedule the takings portion of the Alfords’ counterclaim to be brought before the court on July 10.

At the request of members of Walton County’s legal counsel, Judge Green agreed to allow 90 days for counsel to prepare to proceed with the remainder of the trial and response to other allegations in the Alfords’ counterclaim related to customary use.

Glenn Burhans, a member of Walton County’s legal counsel, indicated that previously an eight-week trial had been anticipated—but that under the current circumstances he now expected a trial approximately five weeks in length.

Also at the June 30 hearing, Judge Green was presented with a document, a Partial Final Judgment agreed to by Walton County and intervenors in the lawsuit. The judgment included the settlement agreement approved by the county and the signatures of intervenors/owners of 35 properties.

Judge Green signed the document, and it was also recorded with the Walton County Clerk of Courts on June 30.

A number of joint dismissals had been filed with the court, as well, on June 29, applying to groups of intervenors r

epresented by seven different law firms.

The BCC has scheduled a special meeting and closed executive session in connection with the customary use case for 9 a.m. on July 5 at the South Walton Annex.
 
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