Updates

After successfully opposing the County’s motion to dismiss our State Court lawsuit to enforce the 2003 Settlement Agreement for failure to state a claim, the Judge has now been asked by all parties by way of Cross Motions for Summary Judgment to decide if the Agreement is a valid enforceable contract. Initial arguments are set […]

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 […]

After four failed attempts by the Resort, the South Seas rezoning application to increase density and building heights has been found sufficiently complete by the Department of Community Development to be tentatively scheduled for a public hearing before the Lee County Hearing Examiner commencing on Feb. 26, 2025. See Sufficiency Letter here. As reported earlier, […]

Since our last request for additional donations, our community has given more than $250,000 — getting us over the $1 million mark. We have now received 1,469 separate donations — an amazing show of support to protect Captiva from increased density and building heights. Not only have we again received large contributions from the Captiva Civic […]

Since September 2023, approximately $500,000 of legal work has taken place in our efforts to maintain Captiva’s existing density and height limits. Our efforts have gained momentum on three fronts: Completing an administrative hearing to prove that the new Code amendments are inconsistent with the Lee Plan; Successfully opposing the County’s motion to dismiss our State […]

Our legal challenges to increased building heights and density on Captiva continue to progress in three different venues.  Here are some of the highlights of what has taken place. TRIAL BEFORE DIVISION OF ADMINISTRATIVE HEARINGS (DOAH) COMPLETED AFTER FIVE DAYS  AND 14 WITNESSES The Captiva Civic Association (CCA) challenged the Land Development Code amendments that increase […]

As we stated earlier, South Seas’ third revised Plan Application to build 196 new condominiums and two new hotels with a total of 435 rooms has again been rejected as insufficient by the County. At this time, South Seas has yet to submit a fourth revised Plan Application. A hearing on the Plan Application will not be […]

Captiva Civic Association’s (“CCA”) challenge to the Land Development Code (“LDC”) amendments that increase building heights, density, and intensity on Captiva and South Seas is scheduled for trial in the Division of Administrative Hearings (DOAH) from Aug. 19 through Aug. 22, and then continuing on Aug. 26. In response to the Judge’s initial Order, we advised the Judge […]

Circuit Court Judge James Shenko denied Lee County’s Motion to Dismiss our legal action to enforce the 2003 Settlement Agreement which confirmed the 912-unit density limit on South Seas. The Settlement Agreement provides that “the total number of dwelling units on South Seas Resorts is limited to 912. No building permits may be issued by the County for dwelling […]

On Tuesday, July 9, Judge James Shenko in the Circuit Court of the Twentieth Judicial District listened carefully for more than an hour to the oral arguments of the County attorney and the CCA attorney on the County’s Motion to Dismiss CCA’s Complaint. CCA’s Complaint seeks an Order from the Court declaring that the 2003 […]