On Friday, Jan. 10, the Circuit Court heard arguments on CCA’s Motion for Summary Judgment. The CCA asked the Court to find that the 2003 Settlement Agreement between CCA and the County is valid and enforceable, and that it limits density on South Seas to a maximum of 912 dwelling units – the limit that has been in effect for the past 50 years. CCA urged the Court to now grant its Motion for the same reasons that the Court denied the County/South Seas Motion on Jan. 7.
After vigorous oral arguments on the Motion, the Judge stated that he stands by his findings of Jan. 7, and that the Settlement Agreement is a valid, enforceable agreement. He asked the parties to submit proposed Orders consistent with his ruling by Wednesday.
The 2003 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 County for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.”
That enforceable agreement to limit building permits on South Seas resulted from CCA’s lawsuit back in 2003 when the County and a South Seas developer sought to increase the density on the resort beyond the 912-unit cap that the Planned Unit Development (PUD) zoning allowed. CCA brought this new lawsuit when the County amended its Land Development Code in 2023 to exempt South Seas from the longstanding density limitations of 3 units per acre on the resort.
The Judge’s written decision could issue this week. And it remains to be seen whether the County and/or South Seas will choose to appeal. This Circuit Court decision is an important first step in our community’s efforts to protect Captiva from overdevelopment. And, while this decision does not prevent South Seas from going forward with its rezoning application or the upcoming public hearing (in which our community’s voices must continue to be heard), the County now knows that South Seas is limited to 912 dwelling units and that CCA can seek an injunction to stop the County from issuing more than 912 building permits.