Now for the Other Shoe - Not Bad for a ambulance chasing hack !
FINAL JUDGMENT
WHEREAS, before this Court is an action instituted by the Edgewater Beach Owners’ Association (hereinafter, “Edgewater”) against the Walton County Board of County Commissioners; and Ronnie Bell, in his official capacity as Walton County Administrator (hereinafter “the County”) alleging violations of constitutional rights and 42 U.S.C. ? 1983; and
WHEREAS, the Parties have resolved the matter and have entered into a stipulation; and
NOW, THEREFORE, it is ordered and adjudged as follows:
1. The County does not dispute that Edgewater is the exclusive, fee-simple absolute owner of the private, beachfront real property the boundaries of which are established in the Official Records of Walton County, Florida, and which lies between the toe of the dune and the Erosion Control Line (the “Beachfront Property”). Since 1976, Edgewater has continuously claimed and asserted that its Beachfront Property is and has historically at all times been for the exclusive use of Edgewater's owners and guests.
2.
Edgewater is an Owners Association under Florida law which has the authority to impose and enforce certain rules of conduct on its members, guests and invitees (hereinafter the “Rules”). Edgewater may use its Beachfront Property and may maintain its private personal property on its Beachfront Property as it sees fit, including, but not limited to, maintaining its umbrellas, beach chairs, volleyball nets, coolers, storage boxes and other beach-related items and engaging in weddings, gatherings and other similar events, without any interference whatsoever by the County or its agents except as provided herein. Edgewater shall not be required to obtain any permits for any such uses or items of personal property, or for allowing the leashed pets of Edgewater’s owners to traverse Edgewater’s Private Beachfront Property.
3. Edgewater may use its Beachfront Property and may maintain its private personal property on its Beachfront Property without interference from the County so long as the Rules are at least as restrictive as Ordinance 2008-25 in its present form (hereinafter the “Ordinance”).
4.
Edgewater shall not be required to obtain a permit for any event; however, they shall give the County, the Sheriff and the SW Fire District at least seven (7) days written notice of any wedding, gathering, or other similar event of more than one hundred people. The notice shall contain the expected number of people, the type of event, the expected duration of the event and the security measures that Edgewater intends to use, if any, at the event.
5. Regarding any existing or future provision of the Walton County Code relating to the use of Beachfront Property or the maintenance of private personal property on Beachfront Property, Edgewater agrees to respectfully examine the existing or future provision and consider in good faith whether to adopt changes in the Rules consistent with the provision.
6. In the event that the County determines that Edgewater is not maintaining or enforcing the Rules, then the County shall give Edgewater ten (10) days written notice to cure the deficiency.
7. Edgewater shall provide a trash receptacle and daily trash removal and shall at all times keep the Beachfront Property free of litter and debris. The County agrees to remove within ten (10) days of this order the TDC Trash Receptacle from the Beachfront Property.
8.
At all times, a pathway no less than ten feet in width shall exist between any fixed structure on the Beachfront Property (including the volleyball net which is the subject of the underlying litigation) and the setup of beach chairs or other authorized temporary structures on the Beachfront Property. This ten-foot corridor shall remain clear of any items which obstruct authorized vehicles. The County agrees to limit any traversing of the Beachfront Property to this ten-foot corridor. The County agrees to limit the speed of authorized, non-emergency vehicles traversing this ten-foot corridor to five miles per hour.
9. As to the terms contained herein, and specifically the terms contained in Paragraph 1, the parties, their officers, agents, servants, employees, attorneys, and those persons identified in Rule 1.610(c), Florida Rules of Civil Procedure, are specifically and permanently enjoined to perform and strictly comply with all terms of this Final Judgment.
10. The parties are directed at all times to act in good faith under the terms of this Final Judgment. To that end, the parties shall notify all of their employees, members, agents, TDC, or contractors of the terms of this Final Judgment.
11. In the event that either party seeks judicial enforcement and or declaration of rights of the terms in this Final Judgment is needed, the proper procedural vehicle for obtaining relief shall be a “Motion to Show Cause” why the violator(s) should not be held in contempt. The Court shall issue orders to “show cause” as appropriate to enforce this Final Judgment through the Court’s contempt powers. This Court shall, and hereby does expressly reserve exclusive jurisdiction over the parties and the subject matter to enforce through its contempt powers any violation of or failure to perform any of the terms set forth herein. The Court shall award the prevailing party in any such contempt enforcement preceding, its attorneys’ fees and costs.
Now, therefore, the Court being fully advised in the premise and having considered the matters set forth herein; it is
ORDERED AND ADJUDGED that the Court approves the Stipulation of the Parties and adopts it as the terms of this Final Judgment. All Parties are hereby ordered to strictly comply with these terms. Each of the Parties shall bear its/his own attorney’s fees and costs incurred in this proceeding as of this date.
DONE AND ORDERED in Chambers at DeFuniak Springs, Florida this day of December, 2009.
