Updates

What will happen at South Seas is out of the County’s hands. It’s now in the hands of the Courts, where the cozy relationship between the new owners of the Resort and the County should play no part. The County, which is running a deficit, seems willing to sacrifice the islands of Captiva and Sanibel, and the […]

In an entirely predictable vote of 3 to 1, the Board of County Commissioners yesterday approved the South Seas rezoning application. They did so based seemingly upon a single reason – increased development on South Seas will provide jobs and economic growth for Lee County. There was no concern for the current or future residents of Captiva […]

Tomorrow, the Board of County Commissioners will review the recommendation of the Hearing Examiner and make a final decision on the South Seas Rezoning Application. The hearing will take place in the Commissioners Meeting Room at 9:30 a.m. at 2120 Main Street in Fort Myers. Although only the 52 witnesses who testified before the Hearing […]

The Board of County Commissioners will now review the recommendation of the Hearing Examiner and make a final decision on the South Seas Rezoning Application during a public hearing on August 6 (not on August 20) in the Commissioners Meeting Room at 2120 Main Street in Fort Myers. The hearing notice can be read here. Although only […]

Let there be no misunderstanding. Regardless of any decisions made in the County’s rezoning hearings, the Circuit Court in Lee County has ruled in favor of CCA, and has confirmed that South Seas is limited to 912 units – period. Under the 2003 Mediated Settlement Agreement which has been deemed valid and enforceable by the Court, the […]

South Seas’ recent lawsuit claims CCA was misleading in stating the Settlement Agreement’s 912-unit cap that the Circuit Court found to be valid and enforceable includes hotel units. But there is no question that the 912-unit cap referenced in the Settlement Agreement includes hotel units. The Circuit Court Order granting CCA’s Motion for Summary Judgment found […]

We continue to be optimistic that South Seas and the County will not succeed in their appeals, and the Courts will not permit the County to increase density on South Seas beyond the 912-unit cap regardless of the Hearing Examiner’s recommendation or the rush to get BoCC approval on August 6. But we need the best […]

It was no surprise to anyone attending the final days of the hearing on the South Seas rezoning application that the Hearing Examiner would recommend approval. The County was working closely with South Seas representatives; the Hearing Examiner was thanking South Seas witnesses for their “helpful” rebuttal testimony; and the professional formality that characterized the public […]

The Hearing Examiner’s recommendation fails to recognize or acknowledge the factual and legal complexities of the case. The recommendation simply rubberstamps the South Seas application, which the County facilitated and supported. The Hearing Examiner does a great disservice to the Captiva and Sanibel communities. The Board of County Commissioners (BoCC) will review the recommendation on Aug. 20 […]

We continue to be optimistic that South Seas and the County will not succeed in their appeals, and the Courts will not permit the County to increase density on South Seas beyond the 912-unit cap regardless of the Hearing Examiner’s recommendation or any BoCC approval. But we need the best legal representation to prevail in our […]