Beach access ruling stirs reactions
Beach residents and officials recently expressed their views from the long-awaited outcome of the Trustees of the Tezak Family Trust versus Town of Fort Myers Beach (case number: 07CA17676) court case regarding the use of the “disputed strip” to the left of the walkover at beach access #26 on Chapel Street.
The Tezaks, who own property located at 50 Chapel Street, adjacent to the beach access, contend that an unpaved portion of the beach access nearest to the Gulf of Mexico, actually belongs to them.
The result of the final judgement was in favor of the defendant (Town) and stated the disputed strip may continue to be used as a public street and the public may continue to be directed onto the disputed strip as a means of access to the beach area. The decision was delayed due to the long sickness of Florida Circuit Judge Lynn Gerald, Jr.
According to Fowler White Boggs Attorney Denise Wheeler, who was the defendant’s lawyer, FMB Mayor Larry Kiker said that the outcome was an important decision for the Town as beach accesses are at the very heart of the Town’s tourism economy. From May 2008 to June 2010, Town records indicate $122,698.68 was paid for defensive legal services in the case.
“It is now time to review the situation, focus on the needs of the community and react appropriately,” said Kiker. “This effort may begin to strengthen community ties that have been broken and serve as an opportunity to be proactive in similar situations that may present themselves. This decision is significant for all beach communities, not just the Town of Fort Myers Beach.”
Beach resident Jay Light, a volunteer member of the Town’s Marine Resources Task Force, lives on Chapel Street and has used the aforementioned beach access regularly. He testified on behalf of the town at the trial.
“I’m pleased with the outcome,” said Light. “All anybody ever wanted from this was to be able to use the access without interference. I’m hopeful this will end all the controversy.”
According to David Tezak, the Tezak Family Trust does not consider the situation to be over. The lawsuit claimed that the Tezaks have provided the only maintenance to the unpaved strip of land.
“The Tezaks do not agree with the judges decision nor do they think the matter is closed,” he said.