The coalition, comprised of residents and various island associations, is actively litigating against the South Seas ownership group to prevent what they characterize as the “overdevelopment” of Captiva.
The 912-Unit Density Appeal
A central pillar of the Protect Captiva Legal Efforts is the enforcement of a 2003 mediated settlement agreement.
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Oral Arguments: On April 30, judges heard Lee County’s appeal regarding the 912-unit limit at the resort.
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Judicial Inferences: Coalition reports suggest the judges likely view the 2003 agreement as an “unambiguous contract”.
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Ultra Vires Concern: One judge questioned if the county had the authority in 2003 to “contract away” its future rezoning powers, a concept known as ultra vires.
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Constitutional Standing: The CCA maintains that the Florida Constitution prohibits the government from impairing fundamental contract rights.
“The Florida Supreme Court has called the protection of contracts both ‘fundamental’ and ‘sacrosanct’…” — Protect Captiva Briefing
Key Judicial Rulings and Upcoming Dates
The legal landscape is shifting as motions move through the Circuit Court. Here are the latest developments regarding Protect Captiva Legal Efforts:
| Action Item | Status / Scheduled Date | Details |
| Motion to Disqualify Judge | Denied | South Seas’ motion to remove Judge James Shenko was ruled “legally insufficient”. |
| Motion to Strike | June 8 | A hearing on the motion to strike portions of the petition regarding “Lee Plan” inconsistencies. |
| Writ of Certiorari | September 3 | Oral arguments set for 1:30 p.m. to invalidate the county’s rezoning decision. |
Accountability and Deceptive Trade Practices
In the ongoing Florida Deceptive and Unfair Trade Practices Act (FDUTPA) case, the CCA has filed for summary judgment. This follows claims from South Seas that the CCA was deceptive regarding whether the 912-unit limit included hotel rooms—a claim the coalition describes as being “contrary to overwhelming evidence”. Additionally, the CCA is seeking sanctions and attorneys’ fees against the resort and its counsel.
At LeAneSuarezGroup, we believe that transparency in these legal proceedings is vital for all Captiva property owners. The outcome of these cases will set the precedent for island density for decades to come.
