Updates

THE CAPTIVA COMMUNITY APPEALS THE REZONING APPROVAL

September 16, 2025

In an unprecedented display of unity, the Captiva community filed a Petition for Writ of Certiorari asking the Court to nullify the rezoning of South Seas that was approved by the Board of County Commissioners on August 6th. The Petition was collectively filed by CCA, RLR Investments and Royal Shell Vacations, 12 separate South Seas […]

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THE DOAH APPEAL

September 16, 2025

All the briefs are filed and we’re also waiting for the Appellate Court to schedule oral argument in this case. As discussed in prior Legal Updates, the Judge in the DOAH was wrong in deciding that the Land Development Code amendments which exempted South Seas from Captiva’s hotel density and building height limits were consistent with […]

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THE CIRCUIT COURT RESTATES ITS PRIOR RULING … AND MORE

September 16, 2025

When the County approved the rezoning of South Seas, it was likely that Timbers Resorts and its partners would seek building permits before the Appellate Court could decide whether the Circuit Court’s judgment enforcing the 2003 Mediated Settlement Agreement between CCA and County would be upheld or reversed. The Settlement Agreement prohibits the County from […]

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The Protect Captiva Legal Fund Continues to Need Your Support

September 16, 2025

As you can see, the legal work necessary to protect Captiva continues in earnest. Rarely has a community so willingly come together to defend itself. And our community has received and continues to deserve the best legal representation. More than $1.5 million has been raised for the Protect Captiva legal fund from more than 1600 donors. We’ve received donations […]

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THE APPEALS ARE FILED AND THE COURTS WILL DECIDE

August 28, 2025

What will happen at South Seas is out of the County’s hands. It’s now in the hands of the Courts, where the cozy relationship between the new owners of the Resort and the County should play no part. The County, which is running a deficit, seems willing to sacrifice the islands of Captiva and Sanibel, and the […]

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Please Continue to Contribute to the Protect Captiva Legal Fund

August 28, 2025

Everyone’s generous support is working to Protect Captiva. We believe that South Seas and the County will not succeed in reversing the Circuit Court decision limiting density on South Seas to 912 units. And we continue with our other important appeals to maintain the historic densities and building heights on Captiva. The Captiva and Sanibel communities, as well […]

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Board of County Commissioners Approves South Seas Rezoning Application

August 7, 2025

In an entirely predictable vote of 3 to 1, the Board of County Commissioners yesterday approved the South Seas rezoning application. They did so based seemingly upon a single reason – increased development on South Seas will provide jobs and economic growth for Lee County. There was no concern for the current or future residents of Captiva […]

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Remember to Attend South Seas Rezoning Hearing before Board of County Commissioners Tomorrow, Aug. 6 at 9:30 a.m.

August 5, 2025

Tomorrow, the Board of County Commissioners will review the recommendation of the Hearing Examiner and make a final decision on the South Seas Rezoning Application. The hearing will take place in the Commissioners Meeting Room at 9:30 a.m. at 2120 Main Street in Fort Myers. Although only the 52 witnesses who testified before the Hearing […]

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County Moves Final Rezoning Hearing before Board of County Commissioners to Wednesday, Aug. 6 at 9:30 a.m.

July 25, 2025

The Board of County Commissioners will now review the recommendation of the Hearing Examiner and make a final decision on the South Seas Rezoning Application during a public hearing on August 6 (not on August 20) in the Commissioners Meeting Room at 2120 Main Street in Fort Myers. The hearing notice can be read here. Although only […]

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Circuit Court’s Final Judgment in Favor of CCA Still Limits South Seas Density to 912 Units Unless Reversed on Appeal

July 25, 2025

Let there be no misunderstanding. Regardless of any decisions made in the County’s rezoning hearings, the Circuit Court in Lee County has ruled in favor of CCA, and has confirmed that South Seas is limited to 912 units – period. Under the 2003 Mediated Settlement Agreement which has been deemed valid and enforceable by the Court, the […]

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