After 5 days of trial before the Administrative Law Judge, the transcripts have been provided to the parties so that they can draft and submit their Proposed Final Orders to the Judge. We continue to believe that the record of the trial proves that the recent Code amendments which exempt South Seas from the hotel density limits that apply to all other property owners on Captiva are inconsistent with the Lee Plan which requires the County to maintain the historic development pattern of Captiva. If the Judge agrees, we will seek immediate repeal of the Code amendments and petition the Governor’s office to do its duty to enforce the Judge’s order.
Also, after successfully opposing the County’s motion to dismiss our State Court lawsuit to enforce the 2003 Settlement Agreement, the Judge is soon to hear Cross-Summary Judgment Motions from CCA, the County, and South Seas on the validity of the Agreement. The 2003 Settlement Agreement between CCA and the County provides that “the total number of dwelling units on South Seas Resort is limited to 912” and that “no building permits may be issued . . . that will cause that number to be exceeded at any time.” We believe that the Judge will understand that the 912-unit limit on South Seas has been in effect for more than 50 years, and that the Settlement Agreement that enforced the density limit of 912 units in 2003, is both valid and enforceable today.