Lee County judge rules in favor of Captiva Civic Association in dispute with county

Author: Jillian Haggerty Writer: Carolina Guzman
Published: Updated:

A Lee County judge ruled in favor of the Captiva Civic Association in the dispute over building density in Captiva.

On April 2, the Captiva Civic Association sued Lee County to restore a previous agreement, one that would prohibit South Seas resort from asking for more density than its current legal limit, which is three units per acre, which is 912 units spread across 302 acres. This figure has been in place for more than 50 years. 

Building codes
Drone view of Captiva Island. Credit: WINK

Captiva Civic Association, or CCA, claimed in its lawsuit the government violated previous agreements reached in 1973 and 2002. Those agreements capped the number of South Seas condo and hotel units. South Seas said it wants to build up to 1,347 units, a 48% increase. 



The suit also claimed commissioners approved the change “on Captiva Island for the sole benefit of South Seas Island Resort.”

The county attempted to get the lawsuit dismissed. On Wednesday, July 25, Lee County Judge James Shenko denied the motion.

The lawsuit concerns changing the essence of Barrier Island. Islanders want to keep a slice of paradise small, but South Seas developers want to build it up.

The case will move forward. The county has 30 days from July 24 to respond to the Civic Association’s complaint.

Lee County will also be having an administrative hearing on August 19 on the actual changes that the county made to the Captiva code and to the Lee County plan.

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