If the private access is not an allowable use of infill and the nearby property owners are opposed, I'm afraid we're doomed. The developer will prevail.
An attorney out of Tallahassee has been retained to represent the adjacent property owners. He happens to be the same attorney who represented Sun Seekers condominiums in their case against the county (located just 4 buildings west of the subject lot).
Walton County came into possesstion of the underlying fee of the Sun Seekers easement in exchange for debt forgiveness back in 1987 from the original developer. The problem for the county was that the easement was created and intended purely for the private use of the adjacent property owners (Sun Seekers and a quadplex). The county tried to make it public. In other words, the property was "burdened" as a private easment and could not be made public without infringing on the private property rights of the adjacent properties (right to quiet enjoyment of private property).
Initially, after using a "local" attorney and not prevailing, Sun Seekers hired this other attorney out of Tallahassee. Sun Seekers won the 2nd round. The county,
at the insistence of BMBCA (who I thought was suppose to "defend" PRIVATE property rights) and others, pursued this all the way to the Florida Supreme Court where they refused to hear the case.
Sun Seekers
prevailed (earlier this year).
The county, back in 1987, should not have ever accepted this "burdened" property in exchange for fees owed to it. The current county attorney, David Hallman, should have known this too. But he, along with BMBCA decided that the property was "valuable" and that it should be pursued all the way to the Supreme Court of Florida at the EXPENSE of all Walton County taxpayers and at the expense of Sun Seekers.
My educated estimate is that over $50,000 was thrown away by each party (total of $100,000) for this debacle. Yes that's over $50,000 of taxpayer money. They could have used the money instead to build some Roman Spa restrooms at the 83 access instead or repair the 2 public walkovers along Blue Mountain Road that are still not useable (I know that's TDC's area and budget BTW).;-)
Point is, it takes legal representation to get anything done here in Walton County...either for or against. The neighbors of the 260 Blue Mountain Road lot now have an excellent attorney with no "connections" to local politics. They also have the financial fortitude.
Sometimes I believe the legal system is the predominate economic engine in Florida with beach tourism coming in a close second.
:roll:
pmd8, I appreciate your concern and input.