In a per curiam unpublished decision, the U.S. Court of Appeals for the 11th Circuit affirmed the district court's dismissal in Crystal Dunes Owners Ass'n v. City of Destin, No. 2011-14595 (Apr. 17, 2012) (per curiam opinion here, or below).
The plaintiffs own a strip of private beach in Destin, Florida. If the name of that locale sounds familiar, it's because its the site of the Supreme Court's recent decision in Stop the Beach Renourishment v. Florida Dep't of Environmental Protection, in which the Court declined to confirm the existence of a "judicial takings" theory of recovery where the plaintiffs claimed the Florida Supreme Court changed the rules midstream and took their property as a consequence.
The latest case does not involve a claim of judicial takings, but has its genesis in the property owners' beef with other branches of government, the city and the sheriff's department. They claim that neither lifts a finger to protect them from trespassers who come onto their private beach, and won't leave. The sheriff has a policy of not enforcing state trespass laws within twenty feet of the wet sand beach's edge. The owners filed a lawsuit in federal court alleging due process, equal protection, and civil rights claims.
The district court dismissed for failure to state a claim: government won't help you evict interlopers and enforce your right to exclude? Tough beans. You don't have a property interest in getting government assistance. Read the district court's order here.
The 11th Circuit affirmed. By failing to help with trespassers, the government has not interfered with or abrogated the owners' right to exclude because "[o]wners have not alleged that the City has in any way barred their access to private remedies, such as filing a civil suit against trespassers, or establishing private security measures." Slip op. at 4-5 (footnote omitted). The constitution, according to the court, recognizes no violation of your rights if the state refuses to pitch in. So do it yourself.
It seems to us that there might be a difference between passive non-enforcement of the law, and an open invitation by the sheriff's department to "come on in, the water's fine" at the private beach, and that this situation is more like the latter than the former. But what do we know.
So go "stand your ground" on your beach and tell those trespassers to beat it, Destin property owners. Recent events in Florida have shown us how well self-help can turn out for everyone. If things go bad, the cops might really have to respond.
More here, from the Destin Log.
Our thanks to colleague Dwight Merriam for the heads up.
Crystal Dunes Owners Ass'n v. City of Destin, No. 2011-14595 (Apr. 17, 2012) (unpublished)
