Customary use wins in Federal Court!

[miznotebook]

I should have said Sept. 10, 2024 (yesterday). This appeal will take the case before the U.S. Court of Appeals, 11th Circuit, again.

 

[Matt J]

That might be a good idea. People that want to challenge that would have to sue the county and prove that CU has NOT been the established doctrine for hundred of years. It all seems to fall back on an "acting county attorney" who is trying to shirk his duties to the people of South Walton.

You do realize he inherited the case from his predecessors Sidney Nose the niece of her predecessor Mark Davis who also assisted with many of the quiet titles, his office is with Clark & Partington over on Grayton if you want to ask him.

 

[Lake View Too]

You do realize he inherited the case from his predecessors Sidney Nose the niece of her predecessor Mark Davis who also assisted with many of the quiet titles, his office is with Clark & Partington over on Grayton if you want to ask him.

I start to get a little bit vomit in my mouth when I hear the words "acting county attorney". The last word about that subject I heard was that Glidewell made a motion to have Adkinson become the permanent county attorney, and no one would second the motion. Clay has also said he doesn't want the position. No commissioners have the guts to initiate a real bonafide search for a real county attorney. It's almost like they all have something to hide...

 

[Matt J]

I start to get a little bit vomit in my mouth when I hear the words "acting county attorney". The last word about that subject I heard was that Glidewell made a motion to have Adkinson become the permanent county attorney, and no one would second the motion. Clay has also said he doesn't want the position. No commissioners have the guts to initiate a real bonafide search for a real county attorney. It's almost like they all have something to hide...

There's an ongoing recruitment effort, but nobody is interested in taking the job.

 

[BlueMtnBeachVagrant]

I should have said Sept. 10, 2024 (yesterday). This appeal will take the case before the U.S. Court of Appeals, 11th Circuit, again.

Good info! Thanks.
I guess I'm a little confused with the appeals process as far as who hears it. Was it the 11th Circuit Court of Appeals that dismissed Judge Moody's summary judgement that Redington Beach appealed? In other words, is this the same court?

Sooo.... there's still a possibility the Redington Beach private property owners might prevail. We'll have to see. Then I assume the next stop is the Florida Supreme Court. And if that happens, and if the private property owners still prevail, maybe the acting county attorney saved everybody a lot of money. But that assumes he knows something we don't.

 

[miznotebook]

Good info! Thanks.
I guess I'm a little confused with the appeals process as far as who hears it. Was it the 11th Circuit Court of Appeals that dismissed Judge Moody's summary judgement that Redington Beach appealed? In other words, is this the same court?

Sooo.... there's still a possibility the Redington Beach private property owners might prevail. We'll have to see. Then I assume the next stop is the Florida Supreme Court. And if that happens, and if the private property owners still prevail, maybe the acting county attorney saved everybody a lot of money. But that assumes he knows something we don't.

Yes, same court. It is confusing. I had talked with the attorney for Redington Beach and asked if there was a possibility of an appeal of Judge Covington's ruling. He said that any appeal would go to the 11th Circuit Court of Appeals (where the case had already been heard). Next stop, your guess is as good as mine.

 

[Matt J]

Good info! Thanks.
I guess I'm a little confused with the appeals process as far as who hears it. Was it the 11th Circuit Court of Appeals that dismissed Judge Moody's summary judgement that Redington Beach appealed? In other words, is this the same court?

Sooo.... there's still a possibility the Redington Beach private property owners might prevail. We'll have to see. Then I assume the next stop is the Florida Supreme Court. And if that happens, and if the private property owners still prevail, maybe the acting county attorney saved everybody a lot of money. But that assumes he knows something we don't.

It's in Federal courts so SCOF isn't in play.

 

[pgw]

Not here, but another Florida county:

Judge rules against Pinellas County waterfront homeowners in public beach access fight

Judge says property owners must share ‘dry sand areas’

www.cltampa.com

I personally love this ruling!! I just wonder why Walton County folded as well about public use of dry sand. I am not a Floridian, but have been a visitor for 70 years! This past July I rented another beautiful home that was large and expensive to accommodate all my children and grandchildren. This was not a beach front home but steps from the beach literally. We were so disappointed to find out that the beaches to the left and right of us were privatized. That forced many families in this expensive area onto a postage sized beach area. NEVER AGAIN! I have grown up loving Florida but this was my last visit! I can take my $ where beaches are public. There are many beautiful beaches elsewhere. After researching this I came across info that implicated Senator Scott as introducing a bill to promote this? He must have some friends with expensive beachfront property. Please correct me if I am wrong. We were actually spied on constantly by these property owners. They had their own security! As soon as someone stepped on their precious dry sand area, the beach patrol appeared. The beach belongs to the public. When you buy a beach front home you are buying an unobstructed view not a private beach!!! I would be pissed if I were a Floridian paying taxes to maintain those beaches that I cannot use! So long Walton County. Many tourists and Floridians are opting out of vacations on 30A after reading posts on this forum. Change your Damm laws or lose tourist dollars.

 

[BlueMtnBeachVagrant]

It's in Federal courts so SCOF isn't in play.

I stand corrected.

 

[pgw]

This seems petty. If I purchased a property and randomly had strangers walking around in my backyard I’d have an issue with that; totally understandable.

The rebuttal of course is entitlement and something around “you don’t own the beach/water”. To which the response is fairly straightforward. Well, thats debatable, but YOU certainly don’t! Next.

And that is exactly what is wrong with privatization of Public beaches! You don't have entitlement. It isn't your backyard. You don't and should not own any beach unless you own a whole island!
I wouldn't be one bit surprised if this started with northerners and Californian's fleeing their over taxed crime ridden cesspool of states just to take advantage of a free state. Leave your dam liberal ideologies where they belong, not here. We love Florida just as it is.