Building Dreams, Defending Rights : Legal Victory in Florida Gulf Coast Dispute – Update from Lewis, Longman & Walker, P.A.

Richard P. Green and John J. Cavaliere

October 8, 2025

In a Florida twist on the saying that “good fences make good neighbors,” a dispute over material used to build a retaining wall on Gulf-front property threatened a family’s dream to build a home in Santa Rosa Beach for three current generations and many more in the future.

But thanks to the work of LLW attorneys Richard Green and John Cavaliere, the family’s dreams will be fulfilled.

In 2023, the Florida Department of Environmental Protection (DEP) issued a permit allowing the construction of a three-story, single-family home with a pool, a walkway over a sand dune and a retaining wall to hold thousands of cubic yards of sand intended to improve the beach and dune system. The beautiful new home replaced a run-down house in unlivable condition.

Less than a year later, the contractor asked DEP to allow the wall to instead be made of concrete to ensure a more lasting and stable improvement. The state agency said this change did not require re-permitting the initial plan.

After the wall was constructed, the family modified the house’s design which did require DEP to modify the permit. Given the change in material for the retaining wall, the DEP also noted the change in the modified permit.

Four months later, a neighbor claimed the concrete retaining wall would result in potential danger to sea turtles, adversely impact the dune system, and create increased risk from waves during a storm.

The neighbor filed a petition for a hearing before the Florida Division of Administrative Hearings. This resulted in a three-day hearing earlier this year.

Green and Cavaliere adroitly brought expert testimony from three coastal engineer experts and two sea turtle experts. The result in August was a full victory for the family who received a permit for the final steps of construction.

“Our work here and in other areas is so much more than a dry, technical dispute on science and law,” said Green. “These are families who have worked hard to pursue their dreams. We are thankful for their trust and satisfied that the administrative judge acknowledged the strength of expert testimony that we were able to present.”  

Richard P. Green – Click to Contact | John J. Cavaliere – Click to Contact