The group behind the Protect Captiva initiative has released a new update on its ongoing legal efforts to uphold Captiva Island’s long-established building height and density restrictions.
On July 23, the Captiva Civic Association (CCA) filed a motion for sanctions against South Seas Island Resort and its legal counsel, arguing that the resort’s recently filed lawsuit is “frivolous” and without legal basis.
“South Seas claims the CCA misrepresented the 912-unit cap outlined in the settlement agreement—specifically, that hotel units should not be counted,” the coalition explained. “However, the Circuit Court has already ruled that the 912-unit cap does include hotel units.”
This 912-unit cap stems from key legal precedents including the 1973 zoning resolution, the 2002 Administrative Interpretation, and the 2003 settlement agreement—all of which clearly counted hotel units within the overall unit limit. The judge in the original administrative hearing confirmed this interpretation, as did testimony from Lee County planning officials and even South Seas’ own chief planner.
Given these facts, the CCA has asked the court to order South Seas and its attorney to cover legal fees associated with the lawsuit. It also requested a court-ordered bond from South Seas if they intend to continue pursuing the case—arguing that such tactics are often used to financially burden communities that oppose overdevelopment.
“We believe lawsuits like this are filed to make it harder and more expensive for the public to push back against excessive development,” Protect Captiva stated. “Our legal motions aim to safeguard our mission and the generous support from our donors.”
Upcoming Hearing on South Seas Rezoning Application – August 6
Meanwhile, an important hearing is scheduled for August 6 at 9:30 a.m. at the Old Lee County Courthouse in Fort Myers. The Lee County Board of County Commissioners will review South Seas’ rezoning application, which proposes major changes to approximately 120 acres of resort land.
South Seas is seeking to rezone the property from Residential Multiple-Family, Marine Commercial, and Two-Family Conservation to Mixed Use Planned Development. The proposal would permit:
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Up to 193 multiple-family dwelling units
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Up to 435 hotel units
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Accessory uses, common infrastructure, and resort amenities
The board will consider the Hearing Examiner’s recommendation, issued on July 9 by Chief Hearing Examiner Donna Marie Collins, who recommended approval with specific conditions after multiple public hearings earlier this year.
To review the full hearing agenda, the Examiner’s report, and supporting materials, visit the Lee County website and search for LEE COUNTY HEARING.
Location:
Old Lee County Courthouse
2120 Main Street, Fort Myers, FL
