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Backstreet Boys singer Brian Littrell’s legal fight over the beach in front of his $3.4 million Florida mansion hit another snag this week when a judge threw out his suit against the local sheriff’s department.
The 90s boy band star claimed the Walton County sheriff’s office refused to intervene to keep people off of his property, ignored his 911 calls and refused to arrest alleged offenders — or at least tell them to move closer to the water.
He argued their lack of action meant his backyard was becoming a public beach.
But Judge Jeffrey Lewis tossed the suit, saying that Littrell “does not have a right to force [the Sheriff’s Office] to exercise discretion to remove trespassers” and the judge said Littrell didn’t have a special relationship with the office that would force them to intervene.
“Law enforcement has the discretion to pursue, or to not pursue an investigation,” the judge wrote.
The sheriff’s office “has a duty to the public, not an affirmative duty to a single homeowner,” the decision read.
Lewis said the “Everybody” singer can’t refile an amended version of the suit, however, he can appeal the ruling.
Littrell’s lawyer, Peter Ticktin, said he plans to ask the judge to reconsider the decision, claiming it was tossed without allowing Littrell’s side the opportunity to make arguments.
“The order which dismissed the case with prejudice was entered without any opportunity for the Plaintiffs to present a Response or hear argument,” Ticktin said. “The Littrells are moving for a rehearing to give the Circuit Court judge an opportunity to make the right decision, and informed decision.”
If the judge doesn’t agree to reopen the case, Ticktin said they would appeal.
The “I Want It That Way” crooner had a setback last month as well in his separate lawsuit against beach goer Carolyn Barrington Hill — whom he sued for allegedly repeatedly trespassing — when Judge Jonathan Schlechter dismissed the claims.
In that case, Littrell was allowed to refile the suit since it was dismissed on a technicality.
Littrell has argued that under Florida law, the dry sand above the high tide line marks where private property begins on beaches. He said he put up private property signs and placed beach furniture there to indicate where his property ended.
He claimed Hill — a 67-year-old semi-retired local who’s on Medicare — and others have flouted that law, by ignoring his property lines in a bid to make Florida beaches public.
Hill’s lawyer, Heidi Mehaffey, said she wasn’t surprised by Lewis’ ruling and said the fact that he didn’t hear arguments in the case, was an indication of the weakness of the claims.
“Judge Lewis recognizes that the Sheriff’s Office has a duty to the public at large, which includes those lawfully on the beaches of the Gulf, and not to a singular property owner,” Mehaffey said.
“It is notable that the Judge dismissed on the merits of the pleadings without a hearing, sending a clear message that no oral arguments or amendments would have cured the legal defects, and that the supplemental complaint filed by Plaintiff did not warrant any more of the Court’s time or resources, commodities that are funded by the tax paying residents of Walton County, Florida,” she said.
Mehaffey also noted that a GoFundMe had been set up for Hill to help her pay for the legal costs of fighting Littrell’s claims.
A lawyer for the Sheriff’s Office didn’t immediately return a request for comment Thursday.
