On Tuesday, July 9, Judge James Shenko in the Circuit Court of the Twentieth Judicial District listened carefully for more than an hour to the oral arguments of the County attorney and the CCA attorney on the County’s Motion to Dismiss CCA’s Complaint.
CCA’s Complaint seeks an Order from the Court declaring that the 2003 Settlement Agreement between the County and CCA bars the County from issuing any building permits on South Seas that would exceed the 912-unit density limit.
At the close of the hearing, the Judge asked the attorneys for both parties to submit proposed orders for him to review by next Tuesday after which he will issue his decision on the Motion.
The parties also agreed that if the Judge denies the Motion to Dismiss, the County will have 30 days to answer CCA’s Complaint after which Motions for Summary Judgment or a trial on the merits can proceed.
We believe that the County’s Motion to Dismiss should be denied so that we can then proceed to enforce the longstanding 912-unit density cap on South Seas.