LAWSUITS INVOLVING GULF SHORE MANOR BEACHES
SHH Investments v Walton County CA 2019-217
Walton County civil court case, filed in April 2019, #19000217, involved the beach, beach accesses and undeveloped roads in our neighborhood.
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.
Deeded Beach Accesses and Roads granted to Walton County
Two beach accesses were deeded to Walton County; San Juan Neighborhood Access and the Santa Clara/Bramble Grove Regional Beach Access. (Walton County was also granted access and use at the Barcelona/Dothan and Pelayo neighborhood beach accesses.)
Roads granted were San Juan Avenue north of 30A, a portion of Willow Street where parking is located for the Santa Clara Beach Access and Santa Clara Avenue between CR 30A and Shady Pines Drive
GIS Map
Special Warranty Deed Filed OR Book 3225 page 3341
Surveys of the new parcels
Exhibit P 0f the Final Judgement filed OR Book 3220 page 4362 .
Beach Access and Use Rights granted to Gulf Shore Manor properties at all FIVE historical beach accesses; Barcelona/Dothan, San Juan, Santa Clara/Bramble Grove and Pelayo. Also included is Montigo, which is exclusive to GSM. The Access and Use Easement transfers with property deeds and is insurable by title companies.
Access and Use Easement Agreement
for all Parcels in GSM
Filed 11-17-2021 Book 3225 page 3312
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;
Beach Life Land Trust undeveloped Montigo Avenue from County Highway 30A south to the MHWL
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) & Bathing Beach (the sandy 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.
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;
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.
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.
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.
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 1986, 1993 and 1994 Declaratory 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.
Complaint Filed April 26, 2019
This complaint was filed by five land trusts claiming deeded ownership to undeveloped roads, Gulf Shore Beach and Bathing Beach as designated in the 1925 plat of Gulf Shore Manor.
It could lead to privatization of the common areas all Gulf Shore Manor residents currently have rights to access and use.
Click on the PDF for complete document
Amended Complaint Filed July 16, 2019
This is the amended complaint which is much easier to understand. The trusts claim Walton County unlawfully used and should now purchase the beach accesses at Bramble Cove, (Santa Clara) and San Juan Avenue from them in order to remain open to the public. They request the court declare quiet title so they may proceed to build one home site on all undeveloped access points including Montigo and Pelayo Avenue and portions of undeveloped Willow and Streets.
Click on the PDF for complete document.
Amended Complaint Filed November 19, 2019
Starting on page 35 of the amended complaint are surveys of the lands the trusts are claiming as their private real property. The picture to the right is just one of many surveys listed in the complaint.
If your property borders any of these lands you have the right to file a claim with your title insurance company to protect your property rights against these claims.
It also states that Walton County is violating Amendments 4, 5 and 14 of the United States Constitution and Article I and X of the Florida Constitution, partially in regards to how the County developed the current public beach accesses.
Click on the PDF for complete document
Larry Jones Deposition
Recorded August 12, 2020
Sidney Noyes Deposition
Recorded November 19th, 2020
Stipulated Final Judgment
Filed 10-15-21 Book 3220 page 4362
Access & Use Easement Agreement for all Property Owners in GSM
Filed 11-17-2021 Book 3225 page 3312
This easement defines the location of the five beach accesses and use of the sandy beach for Gulf Shore Manor properties. This transfers with property deeds, is recorded with the Clerk of Courts and is insurable by title companies.
Special Warranty Deed
SHH Investments, LLC grantor
to Walton County grantee
Filed 11-17-2021 Book 3225 page 3341
This document details roads in GSM deeded to Walton County; San Juan Avenue and a portion of Santa Clara Avenue between CR 30A and Shady Pines Drive. It also documents the two beach accesses deeded to Walton County, the San Juan Neighborhood Access and the Santa Clara/Bramble Grove Regional Beach Access.
The following three Declaratory Judgments document the historical
beach access and use rights of all GSM properties.
Harold L. Foshee v Warrington Oil et al 1986
This Final Judgement granted each and every owner of lots in Gulf Shore Manor a perpetual non-exclusive easement to walk over and across, sunbathe, picnic or enjoy like recreational use to the area designated on the 1925 plat as Gulf Shore Beach and Bathing Beach where the Jasmine Dunes subdivision now lies.
Click on PDF File for complete document.
Filed 5-26-2021 Book 3199 page 3705
Re-indexed with Plat Book 3 page 28 and Deed Book 63 page 603
First National Bank & Trust v G.P. Manus et al 1993
The Final Judgement of 1993 is an important legal document in the life of Gulf Shore Manor. It affirms property owners the right of access and use to Gulf Shore Beach and Bathing Beach. These access routes and our platted neighborhood beaches have been in continuous use for almost 100 years.
Click on PDF file for the complete document.
Filed 5-26-2021 Book 3199 page 3709
Re-indexed with Deed Book 63 page 603
Michael W. Walker et al v
Terry Thomas Shansman et al 1994
The Final Judgement of 1994 lays out the restrictions and terms of use for beach access, dune walkovers, care of the vegetation and boundaries for lots associated with the beach in addition to GSM beach access and use rights.
Click on PDF for the complete document.
Filed 5-26-2021 Book 3199 page 3713
Re-indexed with Plat Book 3 page 28
The Sea Walk and Lowery Lawsuits Involved the Land Trust Claim to Own Gulf Shore Beach and Bathing Beach Property
Sea Walk Lawsuit Filed September 25, 2019
The trust claiming ownership of Gulf Shore Beach and Bathing Beach alleged that the beachfront property owners in Gulf Shore Manor had built homes on their property. In response to these claims at least four beachfront homeowners have filed a lawsuit through their title insurance policies to clear their title.
Click on the PDF for complete document.
Stipulated Final Judgment April 15, 2020
In the final judgment the allegations of Counts I and II were withdrawn. WSLT, as the Trustee for Coastal Resources Land Trust No.5, and Gulf Shore South Association filed quit claim deeds on April 9th, 2020, as the Grantors to the four individual beachfront property owners. This "gave" the beachfront owners back their rights, titles and interest in their beachfront properties.
A.B. Lowery & Foshee v G. P. Manus 1984-368
In this lawsuit the landowners of beachfront lots that are now in the subdivisions of Jasmine Dune and Sea Walk, extended the southerly lot lines of the 1925 GSM plat to include Gulf Shore Beach and Bathing Beach by adverse possession so that their property extended seaward to the mean high water line. Note that the property seaward of Sanctuary at Seagrove was NOT included in this lawsuit.
A.B. Lowery Case Re-opened by WSLT as Trustee for Land Trust December 16, 2019
Gulf Shore South Association, GSSA, obtained a Quit Claim Deed and an Assignment of Developer Rights from George Manus Singh on March 16, 2017, who they claim to be the sole heir of Mildred Feldman, the owner of property in Gulf Shore Manor in 1924. GSSA granted the beach property to WSLT as trustee for Coastal Resources Land Trust No.5 on June 25th, 2018, effectively challenging the fee simple title declared by the court in 1984.
WSLT Withdrawal of Motion to Set Aside Final Judgment and Withdrawal of Motion to Re-Open Case April 7, 2020
WSLT, the trustee for the land trust, Coastal Resources Land Trust No. 5, withdrew it's motion to re-open the Lowery Case from 1984. Since the trust agreed to no longer claim to own the beachfront properties in the Sea Walk case they could no longer challenge the title Lowery & Foshee held since 1984.
