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island. The recreational use of the Beach Area at Issue includes, but is not limited to, sunbathing, shell
<br />hunting, picnicking, exercising (walking, running, yoga, etc.), fishing, accessing the area for swimming,
<br />surfing and skinboarding, observing and researching sea turtle nests, and enjoying the shade of the erected
<br />sea wall. "Attachment B"
<br />The County relies upon the following sources of evidence to support this assertion:
<br />(1) Article about Wabasso Bridge being built in 1927 to connect the mainland to the barrier island of
<br />Orchid Island (the island where the Beach Area at Issue is located);
<br />(2) Photo titled "Picnic at the Beach- Wabasso, Florida" and dated 1931;
<br />(3) Aerial map that shows the Wabasso Bridge and the Beach Area at Issue taken by the Navy in
<br />1943;
<br />(4) Photo titled "Sea Mist Apartments- Wabasso Beach, Florida" that depicts people on the beach at
<br />the Beach Area at Issue in the 1940s.
<br />(5) An advertisement for Summerplace Homes from the 1960s that clearly states all property owners
<br />have equal access to the beach in front of Summerplace and the beach is owned by members of
<br />Summerplace Improvement Association;
<br />(6) Photo is Wabasso Beach between 1968 and 1973 that shows people on the beach at the Beach
<br />Area at Issue. This photo is Courtesy of Indian River County Historical Society Collection,
<br />Archive Center, Indian River County Main Library;
<br />(7) Photo of people walking on the beach just north of E. Pebble, which is located within the Beach
<br />Area at Issue, on November 25, 1984;
<br />(8) Photos of people picnicking in front of 1800 E. Shell Lane, which is located within the Beach
<br />Area at Issue, in 1985;
<br />(9) Photos provided by Marjorie Rickard depicting the Beach Area at Issue, dated between 1992 to
<br />present;
<br />(10) Photo of people walking along the Beach Area at Issue on November 7, 2011;
<br />(11) Testimony of James Gray, former Coastal Engineer and current Natural Resources Manager for
<br />Indian River County for the last 16 years, who visits the Beach Area at Issue once a month and
<br />regularly observes people on the beach collecting shells, sunbathing, surfing, exercising, etc.;
<br />(12) Testimony from Kendra Cope, Coastal Environmental Specialist for Indian River County for the
<br />last 3 and a half years, who visits the area at issue approximately six times a year and observes
<br />people collecting shells, sunbathing, exercising, cleaning the beach, surfing/skim boarding, etc.;
<br />(13) Email testimony from Rachel Smith, Conservation Programs Manager for Disney Resort in
<br />Vero, which includes a picture detailing the route for the turtle night walks that have taken place
<br />since approximately 2009;
<br />(14) Email testimony from Renee Hall, dated September 16, 2018;
<br />(15) Email testimony from Gary Fox, dated September 17, 2018;
<br />(16) Email testimony from Patty and Walter Garrard, dated August 31, 2018;
<br />(17) Email testimony from Crary Lauer, dated September 18, 2018;
<br />(18) Oral testimony from Dr. Philip R. Glade at the Indian River County Board of County
<br />Commissioners meeting, dated October 2, 2018;
<br />(19) Oral testimony from Patty Garrard at the Indian River County Board of County Commissioners
<br />meeting, dated October 2, 2018;
<br />(20) Oral testimony from Walter Garrard at the Indian River County Board of County Commissioners
<br />meeting, dated October 2, 2018;
<br />(21) Oral testimony from John Lehnhardt at the Indian River County Board of County Commissioners
<br />meeting, dated October 2, 2018;
<br />(22) Oral testimony from Molly Segal at the Indian River County Board of County Commissioners
<br />meeting, dated October 2, 2018;
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