The Petition for Writ of Certiorari is scheduled for a two-hour oral argument before Judge Shenko on Aug. 4, starting at 9 a.m. CCA, RLR Investments and Royal Shell Vacations, 12 South Seas Condominium Associations and 8 Timeshare Associations have together petitioned the court to “quash” (invalidate) the County’s decision to rezone South Seas to permit increased density and building heights. If Petitioners prevail in this case, all of South Seas will continue to be governed by the 1973 Rezoning Resolution and the Administrative Interpretation, which limits both density and building heights to their historical limits. The Reply Brief by Petitioners in this most important matter was filed on June 5 and summarizes the issues. The Reply Brief is attached here.
In an effort to limit the scope of the hearing, South Seas and the County moved to strike portions of the Petition which would have kept the Court from a full review of the density limitations of the Land Development Code, which incorporated specific portions of the Lee Plan – and which Petitioners claimed were violated in the approved rezoning. The Judge held a hearing on the Motion on June 8 and asked both sides to submit proposed Orders consistent with their arguments. On June 22, Judge Shenko signed CCA’s Proposed Order denying the Motion filed by South Seas and the County. The Order is attached here.