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Walton beach restoration heads for the state Supreme Court

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Sally

Beach Fanatic
By Heather Civil Florida Freedom News

The legal battle over the beach restoration project in Destin and Walton County is headed to the Florida Supreme Court.
The court will consider a recent 1st District Court of Appeal ruling that states the restoration would unconstitutionally deprive six people who live on Sandtrap Road near Sandestin of their properties without just compensation.
The six property owners opposed to restoration are members of Stop the Beach Renourishment.
Kent Safriet, attorney for the organization, did not return phone calls on Wednesday.
Walton County attorney David Hallman said that the county is pleased that the Supreme Court may hear the case.
?Walton County is encouraged that the District Court has agreed to certify the issue to the Supreme Court, and we look forward to the clarity that will come with the Supreme Court?s review,? he said.
If the Supreme Court agrees with the appellate court, the decision could invalidate the state Department of Environmental Protection?s permit for the restoration project. That could spell the end of beach restoration locally and might have farreaching effects for restoration projects around the state.
The members of Stop the Beach Renourishment have been fighting the restoration project for more than a year.
The conflict began last year when they challenged the legality of the DEP permit.
An administrative law judge ruled last July that the permit was legal.
The opponents appealed that decision to the 1st DCA, which ruled in their favor on April 28.
In May, Walton County and the DEP challenged the appellate court ruling and asked the court to either grant a rehearing or send the case to the Supreme Court for its opinion.
The 1st DCA on Monday denied the request for rehearing and sent the case to the Supreme Court, stating that that the issue is ?of great public importance.?
The six-mile, $22 million beach restoration project has been plagued with problems since it began in February.
The U.S. Army Corps of Engineers suspended the project until October because the state decided that too many endangered sea turtles died during sand dredging earlier this year.
There is about one mile of beach in western Walton County and two miles of beach in Destin still waiting for restoration.
Hallman said the project can resume in October under the existing DEP permit until the Supreme Court makes a decision, which could take several months or longer.
?I believe the project can move forward until the Supreme Court makes a ruling,? he said.
 
SoWalSally said:
By Heather Civil Florida Freedom News

The legal battle over the beach restoration project in Destin and Walton County is headed to the Florida Supreme Court.
The court will consider a recent 1st District Court of Appeal ruling that states the restoration would unconstitutionally deprive six people who live on Sandtrap Road near Sandestin of their properties without just compensation.
The six property owners opposed to restoration are members of Stop the Beach Renourishment.
Kent Safriet, attorney for the organization, did not return phone calls on Wednesday.
Walton County attorney David Hallman said that the county is pleased that the Supreme Court may hear the case.
?Walton County is encouraged that the District Court has agreed to certify the issue to the Supreme Court, and we look forward to the clarity that will come with the Supreme Court?s review,? he said.
If the Supreme Court agrees with the appellate court, the decision could invalidate the state Department of Environmental Protection?s permit for the restoration project. That could spell the end of beach restoration locally and might have farreaching effects for restoration projects around the state.
The members of Stop the Beach Renourishment have been fighting the restoration project for more than a year.
The conflict began last year when they challenged the legality of the DEP permit.
An administrative law judge ruled last July that the permit was legal.
The opponents appealed that decision to the 1st DCA, which ruled in their favor on April 28.
In May, Walton County and the DEP challenged the appellate court ruling and asked the court to either grant a rehearing or send the case to the Supreme Court for its opinion.
The 1st DCA on Monday denied the request for rehearing and sent the case to the Supreme Court, stating that that the issue is ?of great public importance.?
The six-mile, $22 million beach restoration project has been plagued with problems since it began in February.
The U.S. Army Corps of Engineers suspended the project until October because the state decided that too many endangered sea turtles died during sand dredging earlier this year.
There is about one mile of beach in western Walton County and two miles of beach in Destin still waiting for restoration.
Hallman said the project can resume in October under the existing DEP permit until the Supreme Court makes a decision, which could take several months or longer.
?I believe the project can move forward until the Supreme Court makes a ruling,? he said.

Problem is, if the Supreme Court makes the same decision as the Appellate Court, it could easily bankrupt Walton County. Part of the decision regards payment to ALL property owners, not just the one's who objected, for the beach front property and also for violation of their rights.

The papers they signed allowing the beach renourishment were only permitting the company an easement to cross their property. If the ruling from the Supreme Court follows the Appellate Court, then they are ruling the state statues to be unconstitutional.

It will only be a matter of time before all beachfront property owners demand payment for their rights.
 
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