The Circuit Court heard arguments on the Motion for Summary Judgment filed by the County and South Seas on Dec. 18. At the close of the hearing, the Judge asked both parties to submit competing proposed orders on the County/South Seas Motion by Dec. 30. In our last update, we attached CCA’s proposed order submitted to the Court.
Yesterday, at 4:55 pm, the Judge issued his Order denying the County/South Seas Motion for Summary Judgment for the reasons outlined in CCA’s proposed Order. Attached here is the Court’s Order.
Importantly, the Judge found that Paragraph 3 of the Settlement Agreement is “clear and unambiguous.”
“The total number of units on South Seas Resorts is limited to 912. No building permits may be issued by County for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.”
The Judge also found that the Settlement Agreement:
- is not barred by availability of alternative relief
- is ripe for relief and does not request an advisory opinion
- is not barred by the separation of powers
- does not interfere with the County’s police powers
- does not constitute contract zoning
- is not barred by sovereign immunity
- is not a restrictive covenant
In addition, the Court found that the County is estopped from denying the validity of the Settlement Agreement.
“It is undisputed that the County and CCA voluntarily negotiated and executed the Settlement Agreement whereby the County expressly agreed not to issue building permits in excess of 912 units at any time. CCA reasonably relied on that promise and, in return, dismissed its lawsuit with prejudice. The County cannot accept the benefits of the Settlement Agreement – the dismissal of a lawsuit – and then later argue that the same agreement is unenforceable.”
On Friday, Jan. 10, CCA will argue its Motion for Summary Judgment. CCA will ask the Judge to grant its Motion for Summary Judgment for the same reasons that he denied the County/South Seas Motion for Summary Judgment yesterday.
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