In a significant legal victory for the Captiva Civic Association (CCA), a judge has denied Lee County's motion to dismiss the lawsuit concerning zoning changes at the South Seas Island Resort.
The CCA, representing 45 property owners, filed the lawsuit to challenge a new ordinance passed on September 5, 2023, which permits an increase in building density on South Seas Island Resort.
The CCA argues that this ordinance defies a 1973 agreement that capped the resort’s units at 912, limiting density to three units per acre. The ordinance removes density limitations for South Seas and nullifies the cap, prompting South Seas to seek adding 707 new units, increasing density by 48%.
Judge James Shenko upheld CCA's complaint, declaring that the issue is ripe for adjudication and does not necessitate the current resort owner's involvement.
The court acknowledged that the settlement agreement limits South Seas Resort to 912 units and prevents Lee County from issuing permits exceeding this number. The judge refuted the county's assertions that the agreement was void, illegal, or an improper limitation, emphasizing strong public policy favoring enforcement of such agreements.
The court ruling allows the legal proceedings to continue, leaving the challenge against the contested ordinance and proposed resort expansion unresolved but reinforcing the existing density cap.
The Captiva Civic Association has 30 days to respond to the motion.