South Seas’ recent lawsuit claims CCA was misleading in stating the Settlement Agreement’s 912-unit cap that the Circuit Court found to be valid and enforceable includes hotel units. But there is no question that the 912-unit cap referenced in the Settlement Agreement includes hotel units.
The Circuit Court Order granting CCA’s Motion for Summary Judgment found that both the 1973 Zoning Resolution and the 2002 Administrative Interpretation (upon both of which the 2003 Settlement Agreement was based) included hotel units in the 912-unit cap. The Judge in the earlier administrative hearing made a similar finding of fact. And the County’s Zoning Manager and Planning Manager both testified under oath that the 912-unit cap included hotel units – as did the chief planner for South Seas.
Because the South Seas claim in this lawsuit has no basis in fact or law, CCA has filed a motion under state law seeking attorneys fees to be paid in equal amounts by South Seas and its attorney. For the same reasons, CCA has also filed a motion seeking a court order requiring South Seas to post a bond if it wishes to continue with this lawsuit. The CCA motions can be read here and here.
Meritless lawsuits such as these are often filed just to make it more costly for communities to oppose overdevelopment. CCA filed its motions to avoid these costs, and to protect our donors’ contributions.