Walton County Sheriff’s Office responds to Backstreet Boys lawsuit

WALTON COUNTY, Fla. (WJHG/WECP) - The Walton County Sheriff’s Office has filed a motion to dismiss Brian Littrell’s Writ of Mandamus. Littrell is a member of the popular boy band, Backstreet Boys.

Littrell, through BLB Beach Hut LLC, filed a Writ of Mandamus on June 19, calling for authorities to fulfill duties to enforce property rights and prevent trespassing on his property, alleging a failure to do so. Littrell claims the department failed to keep trespassers off his beachfront property. The WCSO has since filed a motion to dismiss. (RELATED: Backstreet Boy sues county over alleged failure to enforce private property rights)

“The Petition fails to show any factual or legal basis for entitlement to mandamus relief against the Sheriff, and there is none,” the WCSO says in the latest documentation.

Walton County Sheriff’s Office’s motion to dismiss argues that Florida law does not require law enforcement to execute an arrest in the event of a trespassing, or to aid a property owner.

“There are no factual allegations contained in the Petition which would support a determination that a ‘special duty’ existed between the Petitioner and the Sheriff, rather, the only duty of care owed by the Sheriff is a general duty owed to the public as a whole.”

The motion concluded by alleging the filing was without basis.

“Requiring the Sheriff to perform a discretionary function for which there is no clear duty for him to perform, this Petition for Writ of Mandamus should be dismissed with prejudice forthwith.”

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