Cape Coral man files injunction against city over Jaycee Park

A Cape Coral man has filed an injunction against the City of Cape Coral over the renovation of Jaycee Park.

Scott Kempe said he tried to reason with the city. He’s concerned their plans to tear down ‘invasive pines’ lacked proper surveys and permits, harming wildlife and the community.

He and his lawyer sent each of the City’s Council members letters with these requests.

When those pleas were met with silence, he said there was no where else to turn but the courts.

• RELATED: Cape Coral City Council approves renovations for Jaycee Park

Kempe said that the city is violating the protection of native species, specifically the burrowing owl, and the bald eagle.

Two burrowing owl nests were found at the park during an environmental impact study done in July of 2023.

• RELATED: Citizens voice concerns at Jaycee Park public meeting

For the City of Cape Coral, plans to renovate Jaycee Park have been anything but a walk in the park.

Suzanne Lammertz lives near Jaycee Park and she said that the renovation of the park has changed the way she lives her life.

“It’s taken away our whole way we live our life here, because all of us spend hours here every day,” said Lammertz.

A walk through Jaycee Park is routine for Lammertz and her dog Sadie. But lately, their scenic view has turned to construction and stumps.

“I’m seeing them go up with the big machinery and knocking the trees,” said Lammertz. “If there are birds or whatever, or squirrels on the trees, they’re just coming down. The whole tree comes down all at once with a crash.”

Saving Jaycee Park is a message Kempe has been vocal about in the community for years. Now that the city is starting to remove the invasive Australian Pines that line the river, he’s asking the courts for an injucntion.

On Tuesday, Kempe filed a lawsuit claming the city is violating the protection of species native to the park, like burrowing owls and bald eagles which are species that require special permits when altering their habitats.

“Every day that passes, more trees fall that serve as nesting, perching place for eagles, and other birds etcetera and right now, they are cutting them down,” said Kempe.

Kempe’s lawsuit focuses on whether the city is removing the trees in an appropriate manner,
even offering to pay for an environmental study for Jaycee Park, himself.

“It’s not that I’m right. It’s not that the city is right. It’s ‘let’s take a pause’ bring both parties together, let’s sit down and see what we’re dealing with here,” said Kempe

Neighbors said they’ve spotted multiple bald eagles flying around and roosting in Jaycee Park.

Destroying or altering the habitat for both the owls and eagles requires special permits. The question on the minds of many residents is did the city get those permits before renovating Jaycee Park.

WINK News reached out to the city for answers.

A spokesperson for the city said that they have not been served with any legal document related to Jaycee Park.