Beachfront Owners Lose Customary Use Dismissal Request

By DOTTY NIST Arguments by Walton County property owners alleging that customary use is unconstitutional have been denied in a Jan. 27 court order, with the […]
Court rules against property owners’ argument that customary use is unconstitutional [PREMIUM] – The Defuniak Herald & Beach Breeze [paywall]

The court used precedent that customary use has always existed. Primaril the 1977 case of City of Daytona Beach vs Tona-Rama - the Florida Supreme Court correctly observed that the use of Florida’s beaches is inherently different from that of other Florida lands, and “require separate consideration from other lands with respect to the elements and consequences of title.” “The interest and rights of the public to the full use of the beaches should be protected,” the Court proclaimed. (City of Daytona Beach v. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974))