Gulf Shore Manor

Walton County civil court case, filed in April 2019, #19000217, involved the beach, beach accesses and undeveloped roads in our neighborhood.

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A final settlement was reached in October 2021.  As part of the settlement, beachfront and undeveloped roads north of 30A were allocated to the land trusts for residential development. (Four of the five beachfront roads were previously developed by Walton County as neighborhood or regional beach accesses.)  In exchange, the county was deeded the Santa Clara and San Juan beach accesses.  Additionally, public use rights were granted at the Barcelona/Dothan and Pelayo accesses.

 

Gulf Shore Manor properties were also granted rights of access and use at all five historical beach accesses, which incudes Montigo, making it exclusive to our neighborhood.   Below is the pdf for the GSM Beach Easement, which will transfer with our property deeds.

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Access & Use Easement Agreement for all Property Owners in GSM

Filed 11-17-2021  Book 3225 page 3312

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Here is a history of the lawsuit and important documents from the case.

 

A complaint, SHH Investment v Walton County, was filed in on April 26th, 2019 by five land trusts against Walton County.

The trusts and the land they "acquired interest in" between February and June of 2018, by probate of the estate of Mildred Feldman, who owned the land in 1925, are;

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Beach Life Land Trust                             undeveloped Montigo Avenue from County Highway 30A south to the Mean High Water Line

Montigo Development Land Trust       undeveloped Willow Street between Santa Clara and Montigo Avenue

Santa Clara Land Trust                           undeveloped Willow Street between Santa Clara and San Juan Avenue

Coastal Resources Land Trust No. 1     undeveloped Willow Street between Montigo and Pelayo Avenue

Coastal Resources Land Trust No. 5    Gulf Shore Beach (the 110 foot wide strip along the top of the dunes) and Bathing Beach,

land for proposed roads and other remnant land used by Walton County for non-road  purposes, (beach accesses and parking lots)    vacant, naturally shrubbed and unbuilt street segments, and other remnant land lying north and south of CR 30A.

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These five trusts are seeking declaratory relief from Walton County for unlawful use of what they assert is their private real property.  The complaint cites that this private real property is not "public property" and as the owners they have exclusive rights, which include, but are not limited to, the right to exclude any person that trespasses, is not invited upon or authorized to come on to the property. 

 

The Counts, or action the trusts are seeking judgement for are;

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I - IV.  The first four trusts listed above requests a declaratory judgment to quiet title their respective properties, determine them fee simple owners with any alleged easement vacated by law and allow at least one home to be built on the sight with the right to exclude others from the property. 

Count I for Beach Life Land Trusts also claims the county interfered with a sales contract for the property and they suffered damages.

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V.   Coastal Resources Land Trust No. 5 requests the same as above with their properties.  In addition, they claim Walton County developed the Santa Clara and San Juan Beach accesses and the Santa Clara parking lot without legal authority and that the county has profited from use of this land.   They seek just compensation for the land wrongfully taken or may elect to eject the government from the land. 

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So what does this mean to all of us that own property in Gulf Shore Manor?  If a judge rules these trusts have true ownership of the properties listed above than they can do one of a few things.  They could build homes on the beach access points at Montigo, San Juan and Santa Clara, effectively blocking others from crossing over the dune and going to the beach.   This is in clear violation of the easement use rights of all property owners in GSM .  Alternatively, if Santa Clara or San Juan were to remain as beach access points they would now be under the control of a private entity, with the right to exclude and/or gain profit from access use.  This, in effect, privatizes our entire beach.  

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The GSM POA  is organized and ready to protect the perpetual non-exclusive rights of all property owners to undeveloped roads, easements, remnant parcels, Gulf Shore Beach and Bathing Beach, as declared in the 1993 and 1994 judgements.  We recognize not only the devastating loss to our property values if we no longer have access and quiet enjoyment of our beaches, but the personal suffering that would result from loss of the lifestyle this neighborhood has enjoyed for almost a hundred years.    

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Become a part of the effort by joining our association and by donating to our legal defense fund.