Walton County sued over Dalton Drive development
By Deborah Wheeler
In the ongoing drama over Dalton Drive and the new 30A Trading Post that was recently approved by Walton County Commissioners, a lawsuit has been filed by the heirs of some of the development's original owners.
County Attorney Mark Davis was advised last week that the county has been served with a petition filed by Bayllye and Lynne May in Circuit Court's Civil Division. The petition is a writ of certiorari caused by the decision by the Walton County Board of County Commissioners granting the application for Dalton Drive Commercial to construct a major development.
At issue is whether the BCC illegally granted the application for a Major Development Order for the construction, which the Mays claim is a private road, without any authority or due process to owners of the road.
The petition states that Florida law holds that the BCC cannot grant a Major Development Order for a private road and the BCC's decision should be quashed with an order to deny the development.
The Mays are owners of property in Dalton subdivision, including the lots immediately adjacent to Dalton Drive. Included in the petition is a survey of a portion of the property that shows Dalton is a dirt private roadway.
Bayllye is currently president of the Dalton Cottages at Seagrove HOA, which covers 32 lots between May Drive and Williams Street, and maintains portions of May, Williams, and Center Avenue, all of which are 22-feet wide dirt roads. There is a 50-foot right of way but only 22 feet is cleared of trees and native vegetation.
"We are trying to keep Dalton Drive the way it was," said Bayllye. "We have kept roads narrow and people have to leave trees and maintain naturally the way God made it."
The Mays allege that Walton County failed to provide due process for them and failed to follow procedure in the Land Development Code.
The retail development was approved when its only access would be over Dalton Drive, which constitutes an illegal taking of private property without just compensation, say the Mays.
The Walton County Development Order says the property approved for development includes two parcels not owned by the applicant.
The petition also takes issue with the inconsistency with neighboring parcels, the incompatibility with the residential neighborhood and use of the private road, which by recorded deed is to provide access by the owners to their property and the Gulf, not retail traffic.
The Mays dispute the County's assertion that Dalton Drive has been maintained by the county for the past 17 years. Mays states that the county improperly based its finding of legal access to Dalton based on a reference in a county meeting at which two owners within the area requested the county maintain the road in front of their lots.
"Two lot owners cannot act on behalf of the dozens of lot owners to dedicate the entirety of Dalton Drive to county ownership," the petition states.
Under common law of Florida in order to establish that property has been dedicated to public use, clear proof must be presented of intention by landowner to dedicate property for public use.
"The intention of the owner to set apart the land for use by the public is the foundation and essence of every dedication," it states.
Commenting on the petition, Davis said the developer can proceed and build prior to the suit being settled in court, but he would be at risk.
"If they lose, it would have to be removed," said Davis. "So, I doubt they will build until resolved."
Davis said he was not sure of the county's next step at this time.
By Deborah Wheeler
In the ongoing drama over Dalton Drive and the new 30A Trading Post that was recently approved by Walton County Commissioners, a lawsuit has been filed by the heirs of some of the development's original owners.
County Attorney Mark Davis was advised last week that the county has been served with a petition filed by Bayllye and Lynne May in Circuit Court's Civil Division. The petition is a writ of certiorari caused by the decision by the Walton County Board of County Commissioners granting the application for Dalton Drive Commercial to construct a major development.
At issue is whether the BCC illegally granted the application for a Major Development Order for the construction, which the Mays claim is a private road, without any authority or due process to owners of the road.
The petition states that Florida law holds that the BCC cannot grant a Major Development Order for a private road and the BCC's decision should be quashed with an order to deny the development.
The Mays are owners of property in Dalton subdivision, including the lots immediately adjacent to Dalton Drive. Included in the petition is a survey of a portion of the property that shows Dalton is a dirt private roadway.
Bayllye is currently president of the Dalton Cottages at Seagrove HOA, which covers 32 lots between May Drive and Williams Street, and maintains portions of May, Williams, and Center Avenue, all of which are 22-feet wide dirt roads. There is a 50-foot right of way but only 22 feet is cleared of trees and native vegetation.
"We are trying to keep Dalton Drive the way it was," said Bayllye. "We have kept roads narrow and people have to leave trees and maintain naturally the way God made it."
The Mays allege that Walton County failed to provide due process for them and failed to follow procedure in the Land Development Code.
The retail development was approved when its only access would be over Dalton Drive, which constitutes an illegal taking of private property without just compensation, say the Mays.
The Walton County Development Order says the property approved for development includes two parcels not owned by the applicant.
The petition also takes issue with the inconsistency with neighboring parcels, the incompatibility with the residential neighborhood and use of the private road, which by recorded deed is to provide access by the owners to their property and the Gulf, not retail traffic.
The Mays dispute the County's assertion that Dalton Drive has been maintained by the county for the past 17 years. Mays states that the county improperly based its finding of legal access to Dalton based on a reference in a county meeting at which two owners within the area requested the county maintain the road in front of their lots.
"Two lot owners cannot act on behalf of the dozens of lot owners to dedicate the entirety of Dalton Drive to county ownership," the petition states.
Under common law of Florida in order to establish that property has been dedicated to public use, clear proof must be presented of intention by landowner to dedicate property for public use.
"The intention of the owner to set apart the land for use by the public is the foundation and essence of every dedication," it states.
Commenting on the petition, Davis said the developer can proceed and build prior to the suit being settled in court, but he would be at risk.
"If they lose, it would have to be removed," said Davis. "So, I doubt they will build until resolved."
Davis said he was not sure of the county's next step at this time.
