Protect Captiva provides update on legal efforts
A coalition seeking to maintain the longtime building height and density limitations on Captiva recently provided an update on its legal actions.
On April 27, Protect Captiva reported that the future of development — and overdevelopment — of the island is in the hands of the courts as the South Seas ownership group, consisting of Wheelock Street Capital, The Ronto Group and the Timbers Company, continues its litigation and development strategy.
It provided the following summary on the pending litigation:
– Oral argument on Lee County’s appeal of the Circuit Court decision issued by Judge James Shenko limiting density at South Seas to 912 units was set for April 30 at the Lee County Justice Center in Fort Myers. The related appeal of the same case by the resort had yet to be scheduled for oral argument.
“South Seas cannot request and the county cannot approve building permits for condominiums or hotels on South Seas without providing the Captiva Civic Association (CCA) notice so that it has sufficient time to enjoin any development greater than the historic density of 912 units pending this appeal,” the coalition reported.
– The CCA filed a motion for summary judgment in the lawsuit brought by the resort under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). It also filed motions for sanctions and attorneys fees against South Seas and its attorney in the case.
“South Seas claims, contrary to the overwhelming evidence, that the CCA was deceptive when it stated in its legal update that the 912-unit limit in the 2003 settlement agreement between the CCA and the county included hotel units,” Protect Captiva reported.
To view the motion for summary judgment, click on SUMMARY JUDGEMENT.
Also, the resort filed a motion to disqualify Shenko from the case questioning his impartiality and claiming that it will not receive a fair trial. The CCA has filed its response in opposition to it.
To view the response in opposition, click on RESPONSE IN OPPOSITION.
– Oral argument on the petition for writ of certiorari is set for Sept. 3 at 1:30 p.m. before Shenko. The CCA, R.L.R. Investments and Royal Shell Vacations, 12 South Seas condominium associations and eight timeshare associations petitioned the court to invalidate the county’s decision to rezone the resort to permit increased density and building heights.
“The 20 petitioners are, in effect, appealing the county’s decision that failed to provide petitioners with due process, that departed from the essential elements of law, and that was unsupported by competent substantial evidence,” it reported.
– The resort’s lawsuit against the Captiva Community Panel has been referred to mediation, which will be scheduled by Sept. 22. South Seas is claiming that the panel failed to fully respond to its public records request seeking documents and emails relating to it, including emails between panel members and community members who testified at the county’s rezoning proceedings before the Lee County Hearing Examiner and county commission.
“While the panel may not even be covered by the Public Records Act, the panel has produced more than 1,000 pages of documents in response to this request,” the coalition reported. “The lawsuit should be resolved in the panel’s favor before mediation.
– The resort recorded with the Lee County Property Appraiser a new Land Condominium Declaration that subdivides about 11 acres of the mostly undeveloped Gulf-side portion of the Rauschenberg property — bought from the Robert Rauschenberg Foundation — into 47 condominium units and lots. The property is zoned RS-1 for residential single family homes with a minimum lot size of 7,500 square feet — 75 feet wide and 100 feet in depth.
“At odds with the resort’s efforts to plat 50-foot lots, the county previously issued a zoning verification letter stating that the 22 (total) acres of the Rauschenberg property are governed by the Captiva Code, which limits development to three units per acre for both residential dwelling and hotel units, and the Captiva portion of the Lee Plan, which does not permit a reduction of the minimum lot size on a parcel under the parcel’s current zoning or under any other zoning that would result in a reduction of the minimum lot size,” Protect Captiva reported.
“Any efforts of South Seas to expand the resort onto the Rauschenberg property to build condominiums or hotels in Captiva’s Village would require Plan and Code amendments and a rezoning of the property,” it added. “And would generate the same community opposition and litigation that continues to block efforts to increase density on South Seas since Timbers, The Ronto Group and Wheelock Street Capital purchased the resort.”
In related news, the coalition reported that the resort announced Pyramid Global Hospitality will replace Timbers starting on June 18 to oversee all day-to-day operations, including guest services, food and beverage, recreational activities, hospitality sales, and marketing and facility management.
“South Seas stressed that ownership of the property remains the same — and that Timbers will remain as the manager of the ownership group, will continue to lead the overall resort development and that Greg Spencer will remain as president of South Seas,” Protect Captiva said. “It remains to be seen who engineered this mid-course correction or what it means, if anything, for litigation.”
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email