Updates

Yes, they’re related. For the County to have approved the increase in density and building heights on South Seas, it had to first amend its Land Development Code, exempting South Seas from Captiva’s longstanding hotel density and height limits over the objections of Captiva residents, and then convince a DOAH judge that the amendments were consistent […]

In a lawsuit brought by South Seas against a Captiva community organization, South Seas claims that the Captiva Community Panel failed to provide all community planning documents relating to South Seas that it requested under the Public Records Act. While the Panel may not be covered by the Public Records Act, the Panel has provided more […]

South Seas continues to claim in a lawsuit pending before Judge Shenko that the 912 unit limit in the 2003 Settlement Agreement between CCA and the County did not include hotel units – and that CCA was deceptive in its Legal Update in so stating despite the overwhelming evidence of that fact. The Court of Appeal […]

The Petition for Writ of Certiorari is scheduled for a two-hour oral argument before Judge Shenko on Aug. 4, starting at 9 a.m. CCA, RLR Investments and Royal Shell Vacations, 12 South Seas Condominium Associations and 8 Timeshare Associations have together petitioned the court to “quash” (invalidate) the County’s decision to rezone South Seas to permit […]

The Captiva Civic Association (CCA) has appealed two decisions of Florida’s Sixth District Court of Appeal. One reversed the Circuit Court order that enforced the 2003 Settlement Agreement limiting South Seas to 912 dwelling units. A second affirmed without a written opinion the decision of the DOAH administrative law judge upholding the County’s Land Development Code amendments […]

Court of Appeals Invalidates 912 Density Cap Unsurprisingly, Judge Gannam, who was outspoken in support of the County’s position at oral argument, wrote the opinion issued on Friday reversing Judge Shenko’s decision enforcing the 2003 Settlement Agreement which stated: The total number of dwelling units on South Seas Resort is limited to 912. No building permits […]

Oral argument on the County’s appeal of the Circuit Court decision limiting density on South Seas to 912 dwelling units took place on Thursday, April 30. Although it is difficult to predict the outcome of a case based upon the Judges’ questions at oral argument, one can reasonably draw some inferences. First, all of the Judges probably […]

The future of development (and overdevelopment) on Captiva is firmly in the hands of the courts. The South Seas ownership group, consisting of Wheelock Street Capital, The Ronto Group, and Timbers Company, continues its litigation and development strategy under the names of WS SSIR Owner, LLC and WS SSIR Owner Two, LLC. Oral argument on the […]

The court cases are moving forward. We’ll take them one at a time below. • The County and South Seas have each separately appealed the Circuit Court decision issued by Judge Shenko limiting density on South Seas to 912 units. The Sixth District Court of Appeal has now scheduled oral argument only on the County’s appeal before […]

We now believe that the Rauschenberg Foundation has sold its 22 acres of property on Captiva to South Seas – rejecting the efforts of the Captiva Island Fire Control District and the Captiva community to honor Bob Rauschenberg’s legacy by purchasing and preserving as much as the property as possible for the community and in […]