There is no question that the Circuit Court decision limits South Seas to 912 units – including hotel rooms. That’s why both South Seas and the County are appealing the decision upholding the 2003 Settlement Agreement.
The South Seas brief has been filed claiming the Settlement Agreement is unenforceable against the new owners of South Seas. However, whether its enforceable against South Seas is irrelevant. The lawsuit and the Settlement Agreement are between CCA and the County – and it is the County that is prohibited from issuing building permits on South Seas in excess of 912 units – not South Seas. Moreover, South Seas’ claim was not properly raised in the lower court and cannot now be raised on appeal. CCA’s brief in response to South Seas has been filed and can be read here.
The County’s brief on appeal was just filed. The County claims that the court-approved Settlement Agreement is not a lawful contract and the Board of County Commissioners did not have the authority to make that agreement. That argument was rejected by the Circuit Court and as soon as CCA’s response is filed, it will be included in a future update.