On Dec. 18, Circuit Court Judge Jan Shackelford granted motions to dismiss six related lawsuits challenging a public beach access easement in the Gulf Beach Subdivision. The cases were brought by various homeowners’ associations against Escambia County regarding beachfront properties along the Gulf of Mexico.
- The dispute centers on a 75-foot perpetual easement for public use that was included in the original 1957 deeds when the U.S. government conveyed 64 Gulf-front lots to private owners. This easement creates a continuous 1.5-mile corridor from the subdivision’s eastern edge to Perdido Key State Park.
Judge Shackelford ruled that all 64 lot owners in the subdivision are indispensable parties to the litigation, meaning they must be included in any lawsuit challenging the easement. The court cited the precedent of Burt v. Richards, which established that all property owners adjoining a disputed easement must be parties to cases determining easement rights.
DIG DEEPER: The six plaintiff associations – Windemere Owners’ Association, La Riva Resort Association III, Mirabella Owners’ Association, Ocean Breeze Owners Association, The Palms of Perdido Owners’ Association, and Portico at Perdido Condominium Association – had argued that examining individual lot chains of title would be sufficient. However, the court rejected this argument, finding that ruling on the easement without all lot owners present could create gaps in beach access and lead to inconsistent results from multiple lawsuits.
- The dismissal was granted without prejudice, meaning the plaintiffs can refile their case if they include all necessary parties. The court gave the plaintiffs 60 days from the Nov. 19 hearing to file an amended complaint under Case No. 2024 CA 001011, joining all indispensable parties as either plaintiffs or defendants.
The ruling highlights the complex nature of public beach access disputes and the importance of including all affected property owners in litigation challenging shared easement rights. The case will likely continue once the additional parties are properly joined.
Read Order 12.18.24.
My family owns property across the road in subdivisions and have been fighting these selfish evil condos for years to preserve the community access to the beach. This court decision is a victory for the public good but I’m certain the evil money interests will keep going with it.
If this law goes into Affect and or they win their law suits there will be no space for anyone to enjoy the beaches !! At this point in time they are still not Abiding by the law they are putting the chairs 4 or 5 feet from the waters edge !! Then telling beach goers that their on Private property. This must STOP . The homeowners do not own the beaches !