Skip to the content
LeAneSUAREZgroup
  • Home
  • Listing
    • Advanced Search
    • Featured Listings
    • Rental Concierge
  • Communities
    • Captiva Island
    • South Seas Resort
    • Fort Myers
    • Fort Myers Beach
    • Bonita Springs
    • Cape Coral
    • Naples
    • Marco Island
  • Our Story
    • Real Estate
    • SUAREZFamilyofCompanies
    • Construction
    • List with Us
    • Offices
    • Testimonials
  • Resources
    • The Coastline Journal
    • SWFL Market Report
    • SWFL Golf Guide
    • Christie’s Luxury Living Magazine
    • COMMUNITY PARTNERS
    • HomeLook Magazine
    • SANIBEL & CAPTIVA WEBCAMS
    • Local Weather Forecast
    • CAPTIVA ISLAND INFORMATION
    • SANIBEL ISLAND INFORMATION
    • BUYING
    • SELLING
    • FIRPTA – INFO
    • 1031 TAX DEFERRED EXCHANGE
    • COMMUNITY PAGE
  • Sign Up
  • Login
My Account

Protect Captiva Provides Update on Legal Efforts

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.

  • Oral Arguments: On April 30, judges heard Lee County’s appeal regarding the 912-unit limit at the resort.

  • Judicial Inferences: Coalition reports suggest the judges likely view the 2003 agreement as an “unambiguous contract”.

  • 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.

  • 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.

RECENT BLOGS

Camino de Sanibel registration

Get Ready: Camino de Sanibel Registration Opens Nov. 2 for 2027 Walk

October 30, 2026 No Comments

The highly anticipated Camino de Sanibel registration opens Nov. 2, offering residents and visitors a deeply moving opportunity to cross the entire barrier island on

Read More »
By the Sea Condominiums Sanibel 2026

Milestone Reached: By the Sea Condominiums Sanibel 2026 Rebuild Ahead of Schedule

October 30, 2026 No Comments

A major construction milestone was celebrated last week on the barrier islands as the By the Sea Condominiums Sanibel 2026 redevelopment project officially reached its

Read More »
JOG N JAM

JOG N JAM 2026: Run, Rock, and Give Back in Sanibel

October 30, 2026 No Comments

The JOG N JAM is officially returning to the Gulf coast next month, and this highly anticipated annual tradition promises to be bigger and better

Read More »
Generosity Breakfast

Generosity Breakfast: 2026 Sanibel Milestone Celebrating Giving

October 30, 2026 No Comments

The Generosity Breakfast is officially returning to Sanibel Island this November. Hosted by the Charitable Foundation of the Islands (CFI), this highly anticipated event honors

Read More »
Sanibel Holiday Arts & Craft Fair

Festive Treasures: Experience the 2026 Sanibel Holiday Arts & Craft Fair

October 30, 2026 No Comments

The most wonderful time of the year is officially arriving along the Gulf coast, and there is no better way to kick off the festive

Read More »
Legacy Harbour Marina

$15 Million Triumphant Return: Legacy Harbour Marina Reopens in Fort Myers

October 30, 2026 No Comments

The highly anticipated reopening of Legacy Harbour Marina in Fort Myers marks a monumental milestone for the local boating community and Southwest Florida’s economic resilience.

Read More »

DISCOVER

  • Home
  • Curated Collection
  • Communities
  • The Journal
  • Contact

CONTACT

LeAne Taylor Suarez

+1 239.872.1632

LeAne@LeAneSUAREZ.com

Aleczander M Suarez

+1 239.322.0243

Alec@LeAneSUAREZ.com

CAPTIVA OFFICE

11499 Andy Rosse Lane
Captiva Island, FL 33924

SANIBEL OFFICE

1019 Periwinkle Way
Sanibel, FL 33957

INSIDER ACCESS

Join our inner circle for market previews and SWFL news.

SFOC Logo

LeAneSUAREZGroup

Refining the art of coastal living from Captiva to Naples.

Christie's Masters Circle 2026

© 2026 LeAneSUAREZGroup. All Rights Reserved. | Privacy Policy