Photo: Daily News File Photo
“In two separate rulings, one on a motion and the other following a court hearing, Walton County Judge David Green declined to rule on the constitutionality of Florida’s existing customary use doctrine.
His doing so didn’t shock anyone paying attention to the 3 1/2-year legal battle being waged between the county and private beach landowners over control of the white sand of the county’s beaches. Green had succinctly stated his intentions regarding constitutional questions last November.
“This court does not have the authority to rule that the customary use doctrine adopted by the Florida Supreme Court is unconstitutional,” he wrote.
Daytona Beach vs. Tona-Rama is the landmark 1974 Florida Supreme Court case that established a standard of proof for what constitutes customary use. Customary use is a proposition by which Walton County has staked a claim that the dry sand areas of its coastline should be open to the public.
“This came as no surprise to us based on the judge’s prior rulings,” said Kent Safriet, who represented two private beach property owners at the hearing when constitutionality issues were turned aside. “Judge Green believes he is handcuffed. He believes he has to follow the Tona-Rama decision no matter how bad he feels it is.”
In ruling against Safriet’s clients in Walton County vs. Northside Holdings LLC and Lavin Family Development LLC, Green opened the door for the attorney to appeal his constitutionality case to the First District Court of Appeals. That brings it one step closer to the Florida Supreme Court, where Safriet believes “Tona-Rama” must ultimately face scrutiny…”
— Tom McLaughlin, Northwest Florida Daily News