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Art for a Cause: Silent Auction Announced as Legal Battles over South Seas & Rauschenberg Property Intensify

The Captiva Civic Association (CCA) is calling on art lovers and community defenders to gather for an evening of culture and advocacy. On Thursday, February 5, at 5:00 p.m., the CCA will host a silent auction featuring art generously donated by local artists.

Held at the Captiva Civic Center, the event will feature food, drinks, and music. For those unable to attend in person, the auction will also be accessible online. All proceeds will go directly to the Protect Captiva Legal Fund to support the ongoing litigation regarding island development.

Update: The Rauschenberg Property Alongside the event announcement, Protect Captiva issued a significant update regarding the 22-acre Rauschenberg Foundation property. The group believes the Foundation has sold the land to South Seas, rejecting a competing bid from the Captiva Island Fire Control District and a community investor who sought to preserve the land in honor of Bob Rauschenberg’s legacy.

However, development on this land faces hurdles. Lee County has advised South Seas via a Zoning Verification Letter that the property is governed by the Captiva Code and Lee Plan, which limits density to three units per acre. Protect Captiva noted that any attempt to increase this density would require rezoning and amendment approvals—moves that would likely trigger further litigation and community opposition.

“It is difficult to comprehend the extent to which the Rauschenberg Foundation has failed the island community that Bob Rauschenberg loved and personally sought to protect from development,” the organization stated.

The Legal Landscape: A Multi-Front Battle Protect Captiva provided updates on five other legal fronts:

  • The 912-Unit Limit Appeal: South Seas and Lee County have appealed the Circuit Court decision (Judge Shenko) that limited the resort to 912 units. Briefs have been filed, and parties are awaiting the assignment of judges. Currently, no building permits for condos or hotels can be issued without notice to the CCA.

  • Rezoning Challenge: A coalition including the CCA, RLR Investments, Royal Shell, and multiple condo/timeshare associations has filed a Petition for Writ of Certiorari to invalidate the County’s rezoning decision. The case has been assigned to Judge Shenko, with an initial status conference scheduled for March 9, 2026.

  • DOAH Appeal: The CCA and the City of Sanibel have appealed the Administrative Law Judge’s ruling regarding the Land Development Code amendments. If the court reverses the decision, recent County actions regarding South Seas could be called into question.

  • Motion for Sanctions: The CCA is awaiting a review of its motion for attorney fees against South Seas for what it terms a “frivolous lawsuit” regarding the interpretation of the 912-unit cap.

  • New Lawsuit Against Community Panel: On Dec. 23, 2025, South Seas sued the Captiva Community Panel over a public records dispute, despite the Panel producing over 1,000 pages of documents. Protect Captiva views this as a strategy to “run up legal bills” for community organizations opposing density increases.

How to Help The community is encouraged to attend the auction on Feb. 5 or contribute directly to the Legal Fund. Tax-deductible contributions can be made online.

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