Protect Captiva, a coalition dedicated to preserving the island’s long-standing building height and density limitations, shared updates on its ongoing legal actions.
On Jan. 8, the group reported that the Circuit Court recently ruled on the motion for a summary judgment filed by Lee County and South Seas Resort. Following a hearing last month, the judge requested both parties to submit proposed orders by Dec. 30.
On Jan. 7, the court issued its decision, siding with the Captiva Civic Association (CCA) and denying the county/South Seas motion for summary judgment. The court relied on the reasoning outlined in the CCA’s proposed order.
Key Findings:
- The judge ruled that Paragraph 3 of the settlement agreement is “clear and unambiguous.”
It explicitly states:
“The total number of units on South Seas Resort is limited to 912. No building permits may be issued by the county for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.” - The court found that the agreement is:
- Not barred by alternative relief or the separation of powers.
- Not an advisory opinion or a restrictive covenant.
- Does not interfere with the county’s police powers or constitute contract zoning.
- Not invalid under sovereign immunity principles.
- The county is estopped from denying the validity of the agreement, as the judge emphasized:
“The county and CCA voluntarily negotiated and executed the settlement agreement whereby the county expressly agreed not to issue building permits in excess of 912 units at any time. CCA reasonably relied on that promise and, in return, dismissed its lawsuit with prejudice. The county cannot accept the benefits of the settlement agreement — the dismissal of a lawsuit — and then later argue that the same agreement is unenforceable.”
Next Steps:
The CCA was set to argue its motion for summary judgment on Jan. 10, requesting the court to uphold its motion for the same reasons the county’s motion was denied.
For more details, you can view the Court Order here.
Protect Captiva continues to advocate for the protection of Captiva’s unique character and the enforcement of longstanding agreements that preserve the island’s low-density development. Stay tuned for further updates as the case progresses.
