A coalition seeking to maintain the longtime building height and density limitations on Captiva recently provided updates on its legal actions.

“Our legal challenges to increased building heights and density on Captiva continue on the three separate fronts,” Protect Captiva reported last week. “There have been some significant developments.”

At a hearing on July 9, Judge James Shenko in the Circuit Court of the Twentieth Judicial District listened for over an hour to the oral arguments of Lee County’s attorney and the Captiva Civic Association’s attorney on the county’s motion to dismiss on a complaint that was filed by the CCA.

The CCA’s complaint seeks an order from the court declaring that the 2003 Settlement Agreement between the county and CCA bars the county from issuing building permits for South Seas that would exceed the 912-unit density limit.

“The county has moved to dismiss the complaint claiming in various ways that the county exceeded its authority when it entered into that agreement,” the coalition reported. “Our attorneys disagree.”

At the close of the hearing, Shenko asked the attorneys for both parties to submit proposed orders for him to review by July 16, after which he will issue his decision on the motion.

The parties agreed that if Shenko denies the motion to dismiss, the county will have 30 days to answer the CCA’s complaint, after which motions for summary judgment or a trial on the merits can proceed.

“We believe that the county’s motion to dismiss should be denied so that we can then proceed to enforce the longstanding 912-unit density cap on South Seas,” Protect Captiva reported.

To view the CCA’s opposition to the motion to dismiss, click on CCA OPPOSITION MOTION TO DISMISS.

In addition, it provided the following updates:

– The CCA’s challenge to the Land Development Code amendments regarding building heights, density and intensity on Captiva and at the resort has been scheduled for trial before an administrative law judge with the Florida Division of Administrative Hearings from Aug. 19-22 and on Aug. 26.

“Our planning and evacuation expert witnesses are lined up to testify and prepared to show why the LDC amendments are inconsistent with the longstanding historical development pattern on Captiva that the county must maintain under the Lee Plan,” Protect Captiva reported.

The original petition was filed by the CCA against the county. The new owners of South Seas have intervened on behalf of the county, and the city of Sanibel is intervening on behalf of the CCA.

Upon intervening, the resort filed a motion to strike 24 paragraphs of the petition.

“Paragraphs that relate to ‘density’ and go directly to the heart of the issue,” it reported. “Our attorneys believe that the South Seas’ motion is ‘borderline frivolous’ and should be summarily denied.”

To view the CCA’s response to the motion to strike, click on CCA RESPONSE MOTION TO DISMISS.

– The resort’s 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 staff with the county’s Zoning Section.

“The county continues to require that South Seas provide a potable water availability letter from (the) Island Water Association to explain how its increase in hotel rooms will impact existing properties on the resort, to document how parking demands associated with the new development will be met and to clarify how future employees of the resort will get to and from Captiva,” Protect Captiva reported.

The resort was advised that a hearing will not be set until a complete application is submitted.

To view the county’s new insufficiency letter, click on COUNTY INSUFFICIENCY LETTER.