Updates

LEE COUNTY PROPOSES TO END COMMUNITY PLANNING THROUGHOUT THE COUNTY AND ELIMINATE CAPTIVA’S COMMUNITY PLAN AND ITS LAND DEVELOPMENT CODE

September 9, 2026

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 […]

COURT GRANTS CCA’S MOTION FOR SUMMARY JUDGMENT AGAINST SOUTH SEAS IN FDUTPA CASE

September 9, 2026

South Seas lost its claim that 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 Deceptive and Unfair Trade Practices […]

PROPOSED ORDERS FILED IN CERT PETITION TO QUASH REZONING OF SOUTH SEAS

September 9, 2026

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, […]

TWO APPEALS STILL PENDING

September 9, 2026

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 […]

UPDATE ON SOUTH SEAS LAWSUIT AGAINST THE CAPTIVA COMMUNITY PANEL

September 9, 2026

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. A deposition is currently scheduled, and then the Panel’s lawyers hope to have this lawsuit dismissed.

Are All of These Cases Related?

June 25, 2026

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 […]

South Seas Lawsuit Against the Captiva Community Panel

June 25, 2026

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’ Continuing Efforts to Disqualify Judge Shenko Denied by the Sixth District Court of Appeal as “not legally sufficient”

June 25, 2026

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 […]

Petition to Invalidate Rezoning Pending; South Seas’ Motion to Strike Portion of Petition Denied

June 25, 2026

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 […]

Two Appeals Filed

June 25, 2026

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 […]