Small Town News

Court rules against Jolly Bay PUD appeal

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In a decision finalized last month, Florida's First District Court of Appeal affirmed a lower court decision that had stated that Walton County's denial of the Jolly Bay planned unit development (PUD) project had been in accordance with due process of law, met essential legal requirements, and was supported by competent substantial evidence.

Jolly Bay PUD proponents had filed the appeal in July 2009, about a month after Walton County Circuit Court Judge W. Howard LaPorte ruled against the petition for writ of certiorari they had filed to seek reversal of the county's Sept. 22, 2008, denial of their mixed-use project proposal.

Proposed for a 60-acre site one-half mile from the northeast U.S. 331 Bridge landing and off Jolly Bay Road near Freeport, Jolly Bay PUD would have included an RV park, a camp store, a laundry/shower building, a restaurant, a bakery/coffee shop, a bed and breakfast, office and retail space, a 49-slip boat dock, and a 73-unit, 147-foot-tall condominium overlooking the bay.

Walton County's final order denying the proposal stated the determination that the application failed to meet the criteria of the Walton County Comprehensive Plan and Land Development Code.

Jolly Bay PUD alleged that the county had "improperly applied an unadopted, ad hoc building height standard to deny Jolly Bay's PUD." In addition to other arguments, the project proponents asserted that the county had violated due process in connection with the denial of their proposal.

Judge LaPorte was of the opinion that due process had been followed. Also, in his ruling against Jolly Bay PUD's petition for writ of certiorari, Judge LaPorte found that "the County exercised its authority in finding the urban structure of the project as not compatible with the surrounding area and the Rural Village land use category."

Following Nov. 17, 2009, oral arguments before three First District Court of Appeal judges, on Nov. 23 those judges concurred in denying the appeal and affirming the Walton County Circuit Court decision. Their ruling was finalized with a court mandate on Dec. 9.

Another lawsuit filed by Jolly Bay PUD in October 2008, alleging violation of Jolly Bay L.L.C.'s constitutional rights in connection with the PUD denial, is pending in Walton County Circuit Court. The lawsuit seeks a court order reversing the county denial and payment for alleged "taking" of property by the county, along with damages. In October 2009, the circuit court denied Walton County's motion for dismissal of three counts of that lawsuit.

Dotty Nist may be contacted at beachbreezenews@ gmail.com



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© 2010 The DeFuniak Springs Herald DeFuniak Springs, Florida. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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