All the briefs are filed and we’re also waiting for the Appellate Court to schedule oral argument in this case. As discussed in prior Legal Updates, the Judge in the DOAH was wrong in deciding that the Land Development Code amendments which exempted South Seas from Captiva’s hotel density and building height limits were consistent with the Lee Plan which requires the County to “limit development to that which is in keeping with the historic development pattern on Captiva . . . including South Seas.” If the Appellate Court reverses the DOAH Judge, and the Code amendments are invalidated, everything the County has done for the new owners of South Seas during the past two years will be called into question.
