According to this article - the decision by Walton County Circuit Court Judge David W. Green that customary use is not unconstitutional was expected by the private landowners and this decision will be appealed.
Eventually, this case will end up before the Florida Supreme Court.
from a different article on the same topic:
"Judge David W. Green issued a 10-page ruling Monday that turned down arguments by Northshore Holdings, LLC and Lavin Family Development, LLC, which own property along the Gulf of Mexico and contended that customary use violates the state and federal constitutions..Green pointed to a 1974 Florida Supreme Court opinion that allowed the public to use those areas of beaches. He wrote that he is “without authority to enter a judgment finding the doctrine of customary use as established by the Florida Supreme Court unconstitutional as a violation of the prohibitions against taking of property without just compensation or without due process of law.”
Some believe that the issues being litigated in Walton County are directly on point as it relates to the issues of public access on the "private" beaches in Perdido Key.
So we'll see what happens going forward, and whether or not the camel gets in the tent.
Whichever way that decision goes, we will read the ruling and we will play by the rules. As I said at my recent townhall--I play by the rules, but I know how to read a rulebook.
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