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City attorney says Madeira Beach Caddy's owns sand to median high water line

In emails obtained by 10 Tampa Bay, the city attorney told the city commission that Caddy's owns the sand in front of its restaurant.

MADEIRA BEACH, Fla. — During a recent city commission meeting, more than a dozen people spoke during public comment to oppose Caddy's in Madeira Beach from placing chairs in the sand. 

Caddy's claimed they owned the beach in front of the restaurant, enabling them to place furniture on the sand. The city disputed this and requested a title search be completed to investigate if that portion of the sand was considered public or private property. 

RELATED: Can Caddy's put furniture on Madeira Beach?

When 10 Tampa Bay reported this dispute, we reached out to the city attorney, the mayor and the city manager for an interview. None were available. 

10 Tampa Bay then submitted a Freedom of Information Act request to better understand the matter. 

In an email sent from the city attorney, Thomas Trask, to city commissioners, the attorney stated the sand belongs to Caddy's.

Credit: City of Madeira Beach

In an interview with Caddy's owner Marcus Winters earlier in the week, he said he was already aware the sand was rightfully his, and so was the city. 

"So, I think that that the situation should be resolved. We would just like to move on. We'd like to be a good neighbor and just enjoy the beach," Winters said. 

There is a stipulation on Caddy's liquor license stating they cannot place furniture on the beach. Before the license was granted, the word, "public" was added, meaning if it is a private beach, the business can place furniture where they please. 

"But really the only topic that the commission is going to be talking about in my opinion, is where the property line is," Trask said during a commission meeting. 

Winters said he is not allowed to serve food and drinks to the chairs on the beach. 

"People can come up to the bar and order food and drinks that they can pick up and bring down onto the beach," Winters explained. 

In an email to the city attorney, he was asked if people would be allowed to purchase food and drinks and bring them to the chairs to consume. Trask responded, stating, "That is NOT permitted."

10 Tampa Bay asked Trask how the city plans to enforce that. We are waiting for his reply. 

Malique Rankin is an Emmy award-winning general assignment reporter with 10 Tampa Bay. You can email her story ideas at mrankin@10tampabay.com and follow her Facebook, Twitter, and Instagram pages.

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