By DOTTY NIST
Walton County has filed motions for summary judgment (MSJ) seeking to affirm a right by the public to customary recreational use of the dry sand area on a total of 192 beachfront parcels.
The motions were filed in Walton County Circuit Court on Aug. 25 as part of Walton County’s ongoing customary use complaint/lawsuit, which was originally brought to court in December 2018. The original lawsuit had applied to 1.194 beachfront parcels, with hundreds of the owners of those parcels having then opted to intervene in the lawsuit in opposition to the county effort.
More recently, there have been settlements and dismissals removing the vast majority of the 1,194 parcels from the lawsuit.
Nine motions for summary judgment were filed on Aug. 25 applying to parcels in nine different areas of the beach. These include: Santa Rosa Beach (27 parcels); Beach Highlands (six parcels); Dune Allen Beach (three parcels); Blue Mountain Beach (34 parcels); Grayton Beach (three parcels); Seagrove Beach (30 parcels); Seacrest (37 parcels); Eastern Lake Beach (19 parcels); and Inlet Beach (34 parcels).
According to the motions for summary judgment, most of the owners of parcels involved in these motions have not intervened in the lawsuit. The remainder, the owners of 22 parcels, did intervene but are “pro se,” not represented by an attorney but representing themselves in the lawsuit.
In the motions, Walton County contends and provides evidence of the public’s use of the parcels involved having been “ancient, reasonable, without interruption, and free from dispute.” These are the essential elements set forth in the landmark 1974 City of Daytona Beach v. Tona-Rama decision by the Florida Supreme Court for the public to acquire a right to the recreational use of privately-owned beach property by means of “custom.”
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