CCA has appealed two decisions of Florida’s Sixth District Court of Appeal. One reversed the Circuit Court order that enforced the 2003 Settlement Agreement limiting South Seas to 912 dwelling units. A second affirmed the decision of the DOAH administrative law judge upholding the County’s Land Development Code amendments that permitted South Seas to seek increased densities and building heights.
The first appeal seeks a rehearing because the Panel’s decision allowed the County to renege on its 2003 Settlement Agreement with CCA by misapplying the concept of “contract zoning.” The second appeal argues that a determination of the amount of development a Land Development Code amendment could allow is relevant to a proceeding determining the amendment’s consistency with the density limits of the Lee Plan.