Walking a sandy path between two houses on your way to the Gulf doesn't tell you who owns it. In Holmes Beach, a path's legal basis is written into deeds and plats. Its history of use is a separate thing, and two Holmes Beach lawsuits decided by the same judge, Charles Sniffen of the 12th Circuit, show how far apart the two can be. One case ended this June with a narrow win for the neighbors who had used a path for decades. The other went to trial in September and is still waiting on a ruling.
Before your next walk to the water, it helps to know which kind of path you're on.
The Day 78th Street Turned Out to Be Private
In late April 2022, the path at the west end of 78th Street closed without notice. People who arrived to use it found no trespassing signs and an off-duty Holmes Beach police officer at the street entrance. When residents protested, city leaders looked into it and found the path ran over privately owned land. That left Mayor Judy Titsworth and the city commission unable to reopen it.
The paperwork explained why. An earlier deed for the property at 101 78th Street had included a walkway easement, but by 2014 the easement no longer appeared on it. After consulting City Attorney Erica Augello, Titsworth said the older easement never specified who it benefited, so the owners were able to close it.
The owner, Travis Resmondo, said in court that he closed the path after more than 150 people used it over Easter weekend that April. He also described trespassing, litter, a blocked driveway and beachgoers parking on his property. After that weekend he placed large plants across the path along with no trespassing signs, and neighbors went to court.
Why Getting Along Hurt the Neighbors' First Bid
The first round, in August 2022, was a request to reopen the path temporarily until trial. Judge Sniffen denied it, and his reasoning is the part of Holmes Beach beach-access law that surprises people most.
To win, the neighbors had to show their use of the path had been "adverse" to the landowners. Sniffen found the opposite. Until the closure, he said, everyone had used the path harmoniously. Resmondo and the Oceana condo owners testified that they knew neighbors and guests used it and had no problem with that. The judge said that testimony implied consent, so the past use was not adverse.
Decades of easy coexistence ended up weakening the claim that the public had earned a right to the path. Sniffen didn't dismiss the human side. He noted that some neighbors had difficulty reaching other paths, which could support a claim of irreparable harm. A neighbor had earlier described the challenge of reaching the sand from another street.
What 51st Street Won, and How Narrow It Is
Ten blocks south, the dispute near 51st Street and Fifth Avenue went the other way, but the win has firm limits. The suit was filed Nov. 14, 2023. It claimed that after more than 30 years of coexistence, the property owners began blocking an easement path that residents of the Gutierrez Subdivision used to reach the Gulf. A jury sided with the plaintiffs on March 20, and Sniffen issued his final written order on June 4.
The order defines the easement as a five-foot-wide strip, 2.5 feet on either side of the line between Lots 3 and 4, running from Fifth Avenue to the mean high water line. It also spells out how the strip can be used:
"The plaintiffs' use of the easement shall be limited to ingress and egress for the purpose of beach access. The plaintiffs are not permitted to linger in the easement for recreational or other purposes."
The order covers the plaintiffs, property owners within the Gutierrez Subdivision, and people who lawfully occupy a plaintiff's property. It allows the plaintiffs to prepare, improve, maintain or repair the strip. It does not make the path a general public access. As of June 22, the Sun reported it was not known whether the defendants would appeal.
Even "maintain" has limits. At an April 2 hearing before the final order, Sniffen said that once the dispute began, the plaintiffs had turned decades of pushing branches aside into a clear-cut path paved with what amounted to gravel and lined with rocks. He warned that the court could find they had overburdened the property the easement crosses, and he asked that the path not be changed further until his final judgment.
Here is how the two paths compare, along with the deeded accesses both cases pointed to:
| Path | Legal basis argued | Who may use it | Status as of early October 2026 |
|---|---|---|---|
| 51st Street / Fifth Avenue | Easement confirmed by June 4 final order | Gutierrez Subdivision owners and lawful occupants, passing through only | Order issued; appeal status unreported since June 22 |
| West end of 78th Street | Plaintiffs argue public use since at least 1957 | Disputed | Blocked by landscaping; ruling pending after Sept. 22 trial |
| 77th and 79th streets | Deeded public accesses, per the condo association's attorney | The public | Open; 79th sits at the north end of this winter's renourishment segment |
Where 78th Street Stands This Week
The six-day bench trial began Sept. 14 and ended Tuesday, Sept. 22. The parties are waiting on Sniffen's ruling, and the Sun reported on Sept. 30 that no one knows when it will come.
The plaintiffs left in the case include a trustee and 107 78th Street Investments LLC, owned by two individuals. A third plaintiff in the original suit is no longer part of it. The defendants are Resmondo, another defendant, and the Oceana Condominium Association. The City of Holmes Beach is not a party. Resmondo owns 101 78th Street and the beachfront parcel at 99 78th Street, where dense vegetation now blocks the path.
The closing arguments come down to the same question of paperwork versus use:
- For the plaintiffs: Attorney Susan Spurgeon argued that the plat and deed documents are ambiguous, so the court should find an easement based on past public use. She said the path has been used since at least 1957 without objection from earlier owners, and that the city once kept signs and a garbage bin there.
- For the defense: Retired surveyor Leo Mills testified that when the land was platted in 1947, the parcel at the street end was never expressly dedicated for public use. Attorney Robert Lincoln said the defendants don't object to anyone using the beach below the vegetation line, and that the public can still use the deeded accesses at 77th and 79th streets.
The Deeded Paths Take On This Winter's Pressure
Whichever way 78th Street goes, the north-end walk will keep depending on the deeded street ends, and those are the spots most affected by what's coming this season.
Manatee County's central beach renourishment segment runs from about 79th Street North in Holmes Beach south to Fifth Street South in Bradenton Beach. In June, the county scheduled the work for November 2026 through March or April 2027. In July, Natural Resources Director Charlie Hunsicker said he hoped the work would start in November and run into April or May 2027. The county hasn't published a block-by-block schedule, so it isn't yet known when equipment will reach any particular street end.
Parking is the other change on the way. At the Aug. 25 city commission meeting, Mayor Titsworth said Holmes Beach has already mapped what it would have under paid parking, and that staff is prepared to act. She expects Holmes Beach to eventually adopt a program similar to the one Anna Maria expects to start in March. She also said county officials didn't want to discuss paid parking at the county-owned public beaches during election season. Titsworth steps down as mayor in November, so a new mayor will pick up the decision.
The city's website links to an updated Holmes Beach parking map, and its Parks and Recreation page links a map of beach-access parking. Both are useful for finding parking near the street ends, but neither one settles who legally owns a path. Farther south, Manatee Public Beach at 4000 State Road 64 and Gulf Drive is a county facility with parking.
For a path that isn't one of the deeded street ends, the answer may depend on a deed, a plat from the 1940s, or a ruling Judge Sniffen hasn't issued yet.
Wondering whether beach access is actually recorded for a property you own or are thinking about buying? We're happy to help you check the deed and plat before you count on a path. Reach out to Your AMI Home Girls for a free home valuation or a consultation. We'll post an update here once the 78th Street ruling comes down.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
