Updates
Judge Shenko Denies Petition for Writ of Certiorari In a 50-page decision, the Court denied the Petition to invalidate the rezoning of South Seas brought by Captiva Civic Association (CCA), RLR, Royal Shell, and the 20 Homeowner and Timeshare Associations at South Seas. Lawyers for Petitioners believe the Court’s ruling was erroneous and are evaluating Petitioners’ options […]
Lame Duck Commissioner Trish Petrosky from District 5 Attempts to Assist South Seas Development of Rauschenberg Property At the BOCC meetings of Oct. 6 and again on Oct. 20, Commissioner Petrosky, who was defeated by Amanda Cochran and leaves office on Nov. 17, proposed motions to sponsor, assist, or expedite South Seas in its efforts […]
Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Case On Sept. 1, Judge Shenko issued an Order granting CCA’s Motion for Summary Judgment. South Seas has until Nov. 20 to appeal the Court’s decision that CCA was not deceptive in its Legal Update when it stated that the 912-unit limit in the 2003 Settlement Agreement […]
South Seas continues to claim that the Captiva Community Panel failed to provide all community planning documents relating to South Seas that it requested under the Public Records Act. The Court has sent the case to mediation scheduled for Nov. 4. Panel lawyers believe the case is meritless and hope to have it eventually dismissed.
There are 17 Community Plan Areas in Lee County – with many of them having crafted their own Chapters in the Lee Plan and their own Articles in the Land Development Code to meet the needs and challenges of their special communities. Captiva is one of them – with Chapter 23 in the Lee Plan […]
Responding to countywide opposition to the elimination of Community Plans from the Lee Plan, the Board of County Commissioners yesterday voted to cancel the scheduled Oct. 7 hearing and to send the proposed amendments back to staff to develop a revised timeline for Commissioner review and public outreach. The Lee Communities Coalition(opens in new tab) press release is […]
There are 17 Community Plan Areas in Lee County — with many having their own Chapters in the Lee Plan and their own Articles in the Land Development Code to meet the needs and challenges of their special communities — whether rural, coastal or agricultural or otherwise distinct. Captiva is one of them — with […]
South Seas lost its claim that the Captiva Civic Association (CCA) was deceptive in its Legal Update when it stated that the 912-unit limit in the 2003 Settlement Agreement included hotel units. On Sept. 1, Judge Shenko granted CCA’s Motion for Summary Judgment, finding that CCA’s statement was not unfair or deceptive under the Florida […]
Oral arguments lasted three hours before Judge Shenko on the Petition for Writ of Certiorari brought by CCA, RLR Investments and Royal Shell Vacations, 12 South Seas Condominium Associations and 8 Timeshare Associations to “quash” (invalidate) the County’s decision to rezone South Seas to permit increased density and building heights. At the conclusion of oral arguments, […]
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 the decision of the DOAH administrative law judge upholding the County’s Land Development Code amendments that permitted South Seas to seek increased densities […]