The litigation surrounding South Seas is a multi-front effort involving the Captiva Civic Association (CCA), the City of Sanibel, and a coalition of community organizations. As of March 27, 2026, here is where the most pivotal cases stand.
The Appellate Court: Defending the 912-Unit Limit
A central victory for the community was Judge Shenko’s earlier ruling limiting South Seas to its historic 912 units. Both the county and South Seas have appealed this, but a date is now set for the showdown.
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Oral Argument: April 30, 2026, at 9:00 a.m.
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Location: Lee County Justice Center, Courtroom 4A, Fort Myers.
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Judges: Mary Alice Nardella, Paetra T. Brownlee, and Roger K. Gannan.
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What’s at Stake: This appeal determines if the 2003 Settlement Agreement (which caps density) remains the law of the land. Until this is resolved, the county cannot approve new permits for hotels or condos exceeding this limit.
The Rezoning Challenge: Writ of Certiorari
Twenty petitioners, including the CCA and various associations, are fighting the county’s decision to permit increased building heights and density.
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The Argument: Petitioners claim the county failed to provide due process and ignored evidence regarding the limited capacity of the Gulf-side wastewater treatment plant and fire department staffing.
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Next Event: Judge Shenko has scheduled a Status Conference for April 6, 2026.
The Rauschenberg Betrayal and Zoning Realities
One of the most disappointing recent developments is the sale of the 22-acre Rauschenberg Foundation property to South Seas. This marks a significant shift, as the community had hoped to preserve the land in its undeveloped state.
Legal Guardrail: Lee County has officially advised South Seas that this property is currently governed by the Lee Plan and Captiva Code, which limits development to three units per acre. Any attempt to expand the resort’s high-density plans onto this land would trigger a fresh wave of community opposition and legal challenges.
Protect Captiva Judicial Schedule
| Date | Key Event | Focus Area |
| March 23, 2026 | Discovery Hearing | Barring discovery by South Seas |
| April 6, 2026 | Status Conference | Sanctions, attorneys’ fees, and Rezoning Writ |
| April 30, 2026 | Oral Argument | 912-Unit Density Limit Appeal |
| TBD | DOAH Appeal | Hotel density limit exemptions |
Community Support: $35,000 Raised
The community’s commitment remains unshaken. On February 5, a silent auction of local art raised over $35,000 for the Protect Captiva Legal Fund. These funds are critical as South Seas continues to initiate new lawsuits, including a recent public records complaint against the Captiva Community Panel.
The message from the islands is clear: we are not just fighting for a view; we are fighting for a legacy.
