Judge rules public beach access in Perdido Key can stay open to the public

A judge ruled a multi-million dollar area created for the public to access the beach on Perdido Key will remain open to the public.

The Seafarer Condos Owners Association filed a lawsuit in 2018 to stop development of the access site, saying it violated the county’s land development code. In a ruling issued last week, Escambia Circuit Court Judge Jennifer J. Frydrychowicz denied the Seafarer Owners Association’s petition and said the development of the county project is legal.

The area, known as Public Beach Access No. 4, is located at 16470 Perdido Key Drive. It opened last year and offers 300 feet of public waterway access, a walk-over, parking and is handicap accessible. The county spent close to $3 million buying the property, which was once where the Sundown Condo complex stood before the building was damaged by Hurricane Ivan in 2004.

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The U.S. Fish and Wildlife Services contributed a significant grant to the public access project to help with conservation of the Perdido Key Beach Mouse, because the area is also a habitat for the protected creature. One of the arguments in the lawsuit is that conditional use of the property shouldn’t be granted because a management plan has not been fully approved by the U.S. Fish and Wildlife Services. However, the judge disagreed.

“The Court recognizes that the mere granting of the conditional use may not result in the actual development and use purported given the federal government’s authority to prevent implementation of that plan,” the judge said.

Escambia County Commissioner Jeff Bergosh represents Perdido Key in District 1. He said the judge’s ruling is a win for county residents and visitors alike. The lawsuit was one of the latest hurdles in a project that took close to 10 years to get off the ground.

“In my opinion, they [the Seafarer Owners Association] were just looking for any way to maintain the status quo, which was them using our beach while we couldn’t, so I’m glad that lawsuit got blown out of the water,” said Bergosh. “We didn’t do anything wrong. Judge Frydrychowicz made that very clear in what she wrote, and the Escambia Board of Adjustment did their job and the process worked and that beach access is open for the public to use, which is a good thing.”

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An attorney for the Seafarer Owners Association, Will Dunaway with Clark Partington, responded to the ruling by saying, “My client is pleased with the Judge’s ruling finding that the primary purpose of the property is for Perdido Key Beach Mouse conservation, and they look forward to the U.S. Fish and Wildlife Services holding the County to the specific requirements of the grant and the Habitat Conservation Plan.”

Bergosh said the county is in the process of looking at additional properties to acquire on Perdido Key for the specific purpose of providing more public beach access.

This article originally appeared on Pensacola News Journal: Judge favors of Escambia in dispute over Perdido Key Beach Access #4