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

“Our legal challenges in three separate venues to increased building heights and density on Captiva continue to move forward,” Protect Captiva shared this week. “There are some new important developments.”

Circuit Court Judge James Shenko has denied Lee County’s motion to dismiss the Captiva Civic Association’s legal action to enforce a 2003 settlement agreement for a 912-unit density limit at South Seas on Captiva. The coalition reported that the 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 units within South Seas Resort that will cause that number to be exceeded at any time.”

“The county moved to dismiss our complaint, claiming that the county exceeded its authority when it entered into that agreement back in 2003, and that the case was not ripe for adjudication — despite the Land Development Code amendments — since no new building permits have actually been issued yet,” Protect Captiva shared.

Both parties argued the case on July 9, then submitted proposed orders at Shenko’s request. The county has 30 days to answer the CCA’s complaint, as the case can move forward on the merits of the claim.

To view the judge’s order, click on CIRCUIT COURT JUDGE ORDER.

In addition, the coalition 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 is scheduled for trial with the Florida Division of Administrative Hearings (DOAH) from Aug. 19-22 and on Aug. 26. In response to the judge’s initial order, the CCA advised that it intends to present three expert witness and expects the trial to last for four to five days; the county suggested that the trial would take one day.

“But now, the county is intending to present three expert witnesses, and the new owners of South Seas — who have intervened — intend to present seven additional expert witnesses in support of the Code changes,” Protect Captiva shared. “The county and South Seas are clearly more concerned about the merits of our case than they initially let on.”

Also, the resort filed a motion to strike 24 paragraphs of the CCA’s challenge regarding “density” that went directly to the heart of the issue. On July 11, the administrative law judge denied the motion.

To view the judge’s order, click on ADMIN LAW JUDGE ORDER.

– The coalition reiterated that South Seas’ third revised, master plan application to build 196 new condominiums and two new hotels with a total of 435 rooms was recently rejected again as insufficient by staff with the county’s Zoning Section.

“At this time, South Seas has yet to submit a fourth revised application,” Protect Captiva shared. “A hearing on the application will not be scheduled until the application is deemed complete.”