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Federal Judge Signs Order Releasing Flagler County Dunes Easement It Sought for 3 Years

May 16, 2023 | FlaglerLive | 2 Comments

scott spradley attorney
“I am thrilled, Al, that our joint efforts made this result possible and that a major hurdle to beach protection has now been eliminated,” Scott Spradley wrote County Attorney Al Hadeed in an email this afternoon, announcing the resolution of a three-year case. Spradley, elected to the Flagler Beach City Commission in March, had been hired the previous December to craft the strategy that led to the resolution.(© FlaglerLive)

A federal judge late this afternoon signed the order approving a settlement agreement between the county and Cynthia d’Angiolini, who for three years had held out from signing an easement that would allow the U.S. Army Corps of Engineers to rebuild 2.6 miles of dunes south of the Flagler Beach pier.




“This is a monumental accomplishment for which the residents of Flagler Beach, Flagler County and beach visitors will all benefit,” Flagler Beach attorney Scott Spradley, who crafted the legal strategy and filed the case against d’Angiolini that led to the settlement, said in an email to city and county officials this afternoon as he announced the resolution.

Spradley was elected to the Flagler Beach City Commission in March. The previous December, County Attorney Al Hadeed had retained him to handle the case against d’Angiolini, as Spradley specializes in bankruptcy law.

“I am extremely pleased to inform you, the Flagler County Board of County Commissioners and the Flagler Beach City Commission that minutes ago, Federal Bankruptcy Judge Lori V. Vaughan signed the Order Approving the Flagler County Board of County Commissioners’ Motion for Approval of the Settlement Agreement reached with Ms. Cynthia D’Angiolini concerning the 2 remnant dune parcels located on the south side of Flagler Beach,” Spradley wrote.




D’Angiolini owns two such “remnants,” small parcels on the shore that are part of a 3-mile stretch of beach that has critically eroded over the years, and where the Corps will rebuild both dunes and beach starting in a year. D’Angiolini was among some 140 property owners who had to sign easements allowing the Corps to do its work. She resisted for three years, fearing various issues that the county worked to resolve, though she only agreed to a settlement once her own bankruptcy proceedings revealed that she had deceived the court: she had not disclosed ownership of those two parcels.

Once the county became aware of that, Hadeed contacted Spradley, who developed the strategy that led to d’Angiolini’s willingness to settle. She really had no choice: Spradley had filed suit against her, on behalf of the county, and was willing to push the case to trial, where d’Angiolini could not have easily defended against the demonstrated fact of her deception: she’d even lost her own attorney over it. Had the case gone to trial, she would have been at risk of losing the parcels, which would have led to the same result: the county would have gotten its easement without d’Angiolini, and she would have lost her land.

There’s been a few milestones in the case since December. In court on January 31, Spradley and Hadeed won verbal agreement from d’Angiolini and her new attorney that she would sign. But it was not until April 5 that, with her son, she went to Spradley’s law office in Flagler Beach and signed the papers. Still, the bankruptcy judge had to approve the settlement.




The documents had not yet gone before the County Commission for ratification. They couldn’t have, without the judge’s approval of the settlement order, which states: “The Easement Documents described in the Motion and executed by the Debtor, shall be released from escrow and delivered to the Flagler County BOCC. The Easement Documents may be recorded into the public record and used by the Flagler County BOCC in all manners consistent with the stated purpose outlined in the Motion.”

“On behalf of my firm, and on behalf of Flagler Beach,” Spradley wrote, singling out Hadeed–whose own life had been consumed by the ordeal for three years–“I am thrilled, Al, that our joint efforts made this result possible and that a major hurdle to beach protection has now been eliminated.”

50 Order Granting Motion for Approval of Settlement--FCBOCC D'Angiolini (1)

Click On:


  • ‘We Have a Deal’: Dune Hold-Out in Flagler Beach Concedes, Clearing Path to Renourishment
  • Flagler County Accuses Dune Hold-Out of ‘Bad Faith’ and ‘Abomination,’ and Wants Property Seized
  • In Stunning Revelation, Dune Hold-Out Had Filed for Bankruptcy–and Not Disclosed Parcels’ Value; County Now Has Leverage
  • Nicole’s Damage to A1A ‘Much Worse’ Than Matthew, Over Longer Stretch; Parts of Flagler Beach Flood
  • Catastrophic Loss: Dunes All But Gone Along Flagler’s 18-Mile Shore, Leaving A1A and Properties Dangerously Exposed
  • What About Flagler Beach’s One Hold-Out Against Dune Fix? County Says December Deadline Will Be Met.
  • Flagler Beach’s Tardy Dunes Project Is Down to a Single Holdout As Another Property Owner Signs Easement
  • Raising $40,000 in 40 Hours, Flagler Beach Residents Throw Down Greenback Gauntlet to Dunes Project Hold-Outs
  • Down to 11 Owners Holding Out, Army Corps May Decide on Aug. 19 Whether To Kill Dunes Project
  • 15 Years On, $25 Million In, Flagler Beach Dunes Project Near ‘Dead In the Water’ as 13 Property Owners Hold Out
  • ‘We’re Fighting For the Life of Flagler Beach’: County Urges Property Owners’ Cooperation in Beach Rebuilding
  • With Little Transparency, County Approves $250,000 to Redesignate 12 Miles of Dunes as ‘Preservation Facility’
  • Flagler About To Sign 50-Year, $100 Million Deal to Rebuild 2.6 Miles of Dunes in Flagler Beach. It Has Only a Fraction of the Money.
  • Many Questions Remain as County and City Approve $100 Million, 50-Year Beach-Protection Plan in Flagler Beach
  • Flagler’s Beach ‘Renourishment’ Is Exorbitant Futility
  • In Big Win For Flagler Beach, U.S. Army Corps Awards$17.5 Million, Reviving Dunes Project
  • How to Pay For Hurricane Irma’s Damages: Lawmakers (and Taxpayers) Face Billions in Costs
  • Painters Hill and Hammock Dunes Property Owners Will Pay Extra Tax for Erosion Control
  • Flagler County Walks Away From $35 Million In Beach-Repair Money: “It’s Them Abandoning Us”
  • In Boost To Flagler, Committee Approves Bills Including $50 Million a Year For Beach Repair
  • 12-Year Effort to “Renourish” Beaches All But Washes Out as County Urges Wall of Dunes Instead
  • U.S. Corps’ Cost to Rebuild 2.5 Miles of Beach: $39 Million and Up, Storms Not Included
  • Council Endorses Raising Flagler’s Tourism Tax to 5% to Pay For Beach Repairs
  • Matthew and Irma Archives
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Reader Interactions

Comments

  1. Concerned Citizen says

    May 17, 2023 at 3:31 pm

    People are forgetting one key thing.

    It was her property to begin with. It came with the purchase And was bought and paid for with her money. So it was her right to do as she wished. Size of the property is irrelevant.

    People got mad because her property was beach side. If it had been a vacant lot it would be a non issue. Somewhere in society we have become entitled to others belongings. I watched this whole town harass people to include door visits and publishing info in local media. Not even surprised that a local lawyer went after her. Must feel pretty big.

    All this fervor over a process that will have to be continually repeated after a decent Nor’easter let alone a tropical system blows thru.

    This money could have been used for far more greater things. But yeah tourism brings in the money.

    Reply
  2. Floodrica says

    May 17, 2023 at 4:42 pm

    3 years to LATE judge. Not enough time to save this years HURRICANE destruction when it gets here. God willing it will only take out A1A again and leave the homes.

    Reply
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