Circuit Court Judge James Shenko denied Lee County’s Motion to Dismiss our legal action to enforce the 2003 Settlement Agreement which confirmed the 912-unit density limit on South Seas. The Settlement Agreement provides that “the total number of dwelling units on South Seas Resorts is limited to 912. No building permits may be issued by the County for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.”
The County moved to dismiss our complaint claiming that the County exceeded its authority when it entered into that agreement back in 2003, and that the case was not ripe for adjudication (despite the Code amendments) since no new building permits have actually been issued yet. Both parties argued the case on July 9 and then submitted Proposed Orders on July 16 at the Judge’s request. The Judge’s Order adopting our submission and denying the County’s Motion is attached here. The County has 30 days to answer our Complaint as our case can now move forward on the merits of our claim.