Settlement leads to big property rights victory for Florida couple
Martin County officials agree to settlement terms in “surprise” easement case
Hobe Sound, FL – March 31, 2015 – (RealEstateRama) — Pressed by a Pacific Legal Foundation lawsuit, county regulators in Florida have agreed to settlement terms concerning the property rights of the husband and wife owners of a popular Hobe Sound restaurant. The Martin County Commission has agreed to allow Robert and Anita Breinig, owners of the Flash Beach Grille, to expand their business without facing punishing fines or any further government meddling.
“This settlement is great news for the Breinigs and means the threat of massive fines that county officials wanted to impose on them no longer exists,” said Atlantic Center Managing Attorney Mark Miller. “Unsuspecting property owners like Robert and Anita cannot be held to an unrecorded easement without the proper notice. The end result here is a victory for them and other Martin County citizens who own property where these unrecorded easements exist.”
The property rights controversy started when the Breinigs, after seeking a permit to expand their restaurant in mid-2013, were shocked to learn from Martin County officials that an unrecorded conservation easement existed at the back of their property. Officials determined that the Breinigs were violating the terms of a “Preserve Area Management Plan” (PAMP) on the property and consequently violating county code.
The couple was unaware that a former owner of the property had agreed to the easement terms in the mid-1990s in exchange for a county permit. The Breinigs did not know of the easement because Martin County had never bothered to record it.
Miller explained that when the Breinigs tried to get county officials to modify the easement restriction, regulators wouldn’t budge. Instead, they announced they would start imposing $1,000 daily fines virtually immediately on the Breinigs. That’s when the Breinigs turned to PLF for help. Last August, attorneys in PLF’s Atlantic Center, representing the couple free of charge, sued Martin County because under Florida law, unrecorded easements have no force.
As part of the settlement terms, Miller said the county has redrawn the conservation area to allow the restaurant’s expansion and agreed to provide $1,000 to help pay for plants and development of the new PAMP conservation area.
“Although at times the Breinigs considered pressing forward on principle, they realized that this settlement provided certainty for their future, the future of their business, the employees who count on the Flash Beach Grille for their livelihood, and their loyal customers,” Miller said.
“The Breinigs are very nice, hard-working people who you cannot help but want to succeed. PLF looks forward to seeing what comes next for them and the Flash Beach Grille.”
Statement by Robert Breinig
“Last year, Martin County threatened to ruin our dream of owning and running a restaurant on our own piece of property. We asked the County to work with us since we knew nothing of the easement when we bought the property and the County refused. That’s when PLF became involved,” Robert Breinig said. “We are thrilled that the settlement we reached with the County will allow us to operate our business how we intended, without unfair government interference in the future.
“We owe a debt of thanks to our PLF attorneys in the Atlantic Center, and to the supporters of PLF’s legal program,” Breinig added.
The case is Breinig v. Martin County. More information about the case, including a video, podcast, and a blog post is available at Pacific Legal Foundation’s website: www.pacificlegal.org.
About Pacific Legal Foundation and its Atlantic Center in Florida
Donor-supported Pacific Legal Foundation is a nonprofit public interest watchdog organization that litigates for limited government, property rights, and a balanced approach to environmental regulation, in courts across the country. PLF’s Atlantic Center is located in Palm Beach Gardens, Florida. PLF represents all clients free of charge.
Contact: Mark Miller
Managing Attorney
Pacific Legal Foundation – Atlantic Center
mm (at) pacificlegal (dot) org
(561) 691-5000
Christina M. Martin
Attorney
PacificLegal Foundation – Atlantic Center
cmm (at) pacificlegal (dot) org
(561) 691-5000
