Submitted by
Susan Hardee Steger
After patiently awaiting for the City of Fernandina Beach to extend Salty Pelican’s sidewalk to Centre Street, owners Al Waldis and TJ Pelletier are seeking legal help to resolve the matter. (Click here for previous story)
Mike Mullin attorney for Waldis and Pelletier says, “The Salty Pelican is in a tough position with no remedy.” Title companies hired to determine ownership of the disputed property located just south of the Salty Pelican, have indicated there simply is not enough information to make a determination. The title companies will continue to review their work.
The slow process to resolve the matter is frustrating for Waldis and Pelletier. Salty Pelican was required to make their property handicap accessible at a great expense. The lack of a sidewalk connection to Centre Street provides a difficult path for customers. According to the owners, the path is so difficult that periodic trip and falls occur on the uneven surface. To avoid the more challenging pedestrian route from Centre Street, cars are seen driving on the railroad track to unload mostly elderly Salty Pelican customers.
“Potential liabilities for the city are unclear,” says City Attorney Tammi Bach. Since ownership of the property is in dispute, three entities are likely targets of trip and fall lawsuits; CSX Railroad, the owners of the Duryee Building at Centre and Front Streets, and the City of Fernandina Beach.
Unless new information surfaces Attorney Mullin says, “The city must take a position.”
According to Bach, “the next step is to have a Judge decide.” That next step will require city commission approval.
November 29, 2012 3:35 p.m.
The facility was required to meet the requirements of the American Disability Act! This has no relationship to the sidewalk in discussion.
It would be nice to have a sidewalk, as it would in the the many other parts of the city.
In my humble opinion, if disabled individuals are not able to safely get to the handicapped accessible Salty Pelican, there is a relationship to the building of a sidewalk south of the S.P.
I’m confined to a wheelchair. Earlier this evening I attempted to make my way to The Salty Pelican. My wheelchair became stuck on the railroad track and I was thrown out of my chair and onto the ground – 2 minutes prior to the train sounding it’s horn and rounding the bend. This sidewalk situation needs to be resolved immediately or someone will get sued. I’m ready to notify the State Dept. for ADA. Does the town care??!!