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Walton County, Florida Served with $3.35 Million Bert Harris Claim from Jolly Bay LLC
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? Business Wire 2008
2008-12-17 20:27:03 -
www.jollybay.com - Landowner Jolly Bay LLC, a company dedicated to responsible and sustainable growth for Walton County and its residents, has filed a notice of claim for $3,350,000.00 against Walton County, Florida under Florida's Bert J. Harris Private Property Rights Protection Act. The Bert J. Harris Act provides for monetary compensation, including attorneys' fees

and costs, to private property owners when changing County regulations diminish the value of private property. The claim and two previously filed lawsuits against the County by Jolly Bay are the result of the County's September 22, 2008 denial of its mixed use development.
"Jolly Bay was unfairly treated by the County and the Bert Harris Act was adopted by the Legislature to give landowners like Jolly Bay a legal remedy," said Ronald Weaver of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A, attorneys specializing in Bert Harris claims and land use litigation. "Dozens of Florida governments are facing hundreds of millions of dollars of combined claims for interfering illegally with property owners' legitimate rights."
Weaver explained that over a two-year period the landowners and County staff met numerous times to discuss the design of the project and up until the point of public opposition to the height of the proposed condominium, County staff affirmed that the project and proposed condominium met all County requirements. In reaction to the public opposition at a time when the County had no adopted height limitation that could be lawfully applied to the project, Weaver further explained, County staff made up and changed un-adopted rules and standards over a year period as they delayed the project. Although the citizens' own Planning Commission voted unanimously for the project, the Board of County Commissioners, after an initial motion to approve the project, ultimately applied a made-up, un-adopted height standard to deny the project. "My clients spent in good faith over $625,000.00 on the application process based on the County staff's repeated affirmations and the clear lack of any applicable height limitation in the adopted regulations," said Weaver.
"What is most troubling," Weaver added, "is that Walton County's action in denying the project based on an un-adopted, subjective height standard is directly contrary to the Circuit Court's previous clear instructions to Walton County in the 2001 Inlet Beach Capital case.? In the 2001 Inlet Beach Capital case, the Circuit Court reversed the Walton County Board of County Commissioners' denial of a project and told Walton County that it cannot base the denial of projects on its own un-adopted subjective interpretations of its land use regulations because landowners must have notice of the conditions that they must meet in order to improve their property.
Weaver further added that the County has 180 days to respond to the notice of claim with a written settlement offer acceptable to the owners, or Jolly Bay LLC will have no other choice but to go to the court system with a third lawsuit against the County and seek over $3.35 million in damages, plus additional attorneys' fees and costs.
The Jolly Bay project is located 1/2 mile from the northeast 331 bridge landing off Jolly Bay Road and included an upscale recreational vehicle park, a bed & breakfast, a 73-unit condominium, a boat docking facility and commercial spaces. The plans had the project situated on 17 acres of a 60-acre tract of land in order to preserve 43 acres of natural beauty, and to ensure the integrity of, and compatibility with, the surrounding area.
Jolly Bay LLC is represented by Dana Matthews and Scott Work of Matthews & Hawkins, P.A., at 850-837-3662, by Barbara Wihite and Ron Weaver of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., at 813-223-4800 and by Robert Apgar and David Jordan of Greenburg Traurig, P.A., at 850-222-6891.