Guest commentary: Summary judgement motions filed in case
After successfully opposing Lee County’s motion to dismiss our state court lawsuit to enforce the 2003 settlement agreement for failure to state a claim, the judge has now been asked by all parties by way of cross motions for summary judgment to decide if the agreement is a valid enforceable contract.
As you know, the 2003 settlement agreement between the Captiva Civic Association (CCA) and the county provides that “the total number of dwelling units on South Seas Resort is limited to 912” and that “no building permits may be issued … that will cause that number to be exceeded at any time.”
There are really no facts in dispute in this case, and we believe that the judge will understand that the 912-unit limit on South Seas has been in effect for more than 50 years, and that the settlement agreement that enforced the density limit of 912 units in 2003 is both valid and enforceable today.
The county and South Seas, in their efforts to invalidate this longstanding agreement, has thrown virtually every imaginable legal argument against the wall — hoping that something will stick.
They claim that the settlement agreement — mediated and signed by the CCA, county and South Seas developer at the time and endorsed by the court — is not ripe for resolution, constitutes an illegal advisory opinion, violates the doctrine of separation of powers, interferes with the county’s police powers, constitutes illegal contract zoning, is barred by sovereign immunity, is not enforceable because it was never recorded in the deed of South Seas, and somehow does not say what it says.
In short, the county and South Seas argue that the county never had the right to sign the agreement back in 2003, and the court does not have the authority to enforce it today. The county continues to take the position that its word is worthless and the settlement agreement is not worth the paper it is written on.
To view a copy of our motion for summary judgment and our response to the joint motion for summary judgment filed by the county and South Seas, visit https://files.constantcontact.com/99820d11901/83cf49e7-9d84-4439-912b-a817b28b21c3.pdf. Our motion sets the record straight. Initial arguments are scheduled for today, Dec. 18.
Please help us continue our efforts to Protect Captiva. Your tax-deductible contribution can be made at https://donorbox.org/protect-captiva-legal-fund.
Protect Captiva was established in June of 2023 by concerned citizens and organizations in opposition to increasing building height and density and opening the door for hundreds of new hotel rooms on Captiva. The coalition includes more than 13,000 residents, organizations and other individuals who are opposed to the shortsighted plan that will forever change the character and safety of Captiva. For more information, visit https://protectcaptiva.org/.