No matter what happens in the rezoning case, South Seas cannot exceed the 912-unit cap unless our Circuit Court decision is reversed. For that reason, both South Seas and Lee County have appealed Judge Shenko’s decision — and CCA has retained a highly-regarded appellate firm to defend this important decision. Our attorney’s first letter to the appeals court is attached here.
At the same time, CCA has already appealed the DOAH decision which found that the Land Development Code amendments which exempted South Seas from Captiva’s hotel density limits of 3 units per acre, and increased building heights on both South Seas and Captiva, were “fairly debatably” consistent with the Lee Plan. While the 912-unit cap on South Seas is limited by Judge Shenko’s Circuit Court decision, it is important to appeal and reverse the DOAH decision to reinstate and protect the longstanding building heights on Captiva.