One step closer to decision on South Seas building density

The Captiva Civic Association and South Seas Resort were back in court on Friday amid discussions over building height and density.

After hearing arguments from both sides, the judge said he stood by his earlier decision in favor of the Captiva Civic Association.

The judge upheld his decision to deny the County and South Seas’ motion for summary judgement in relation to the unit density at the resort.

A ‘summary judgment’ is a court decision made in favor of one party in a lawsuit without a full trial.

Essentially, it allows the case to be resolved without going through the typical trial process.

On Tuesday, the judge denied South Seas and Lee County’s motion, and on Friday, he heard the Captiva Civic Association’s motion.

The judge has not given an official verdict, but he did say he stands by his decision from earlier this week.

It’s all about a mediated settlement agreement, or MSA, that was reached back in 2003.

The MSA capped the number of permits allowed for dwelling units in the South Seas at 912.

According to court documents, in 2023, South Seas’ owner applied to rezone the resort property from 912 units to 1,271 units.

After that, the Captiva Civic Association, also known as the CCA, sued Lee County and the South Seas Resort for violating what it said was Captiva’s historic low-density residential development pattern.

On Friday, South Seas argued that the owners are not asking for more than 912 dwelling units, emphasizing the use of the word “dwelling” instead of hotel units but ultimately, the judge didn’t let the argument sway him.

“We ask this court to grant summary judgement against CCA because it did not prove the MSA gives an enforceable restrictive covenant because it does not run with the land and it does not bind successors and their interests,” said Hala Sandridge, the attorney representing South Seas.

WINK News reporter Amy Galo spoke with Lisa Riordan, president of the Captiva Civic Association, following Friday’s court hearing. She was happy with the result.

“We are very pleased that the judge reinforced our position that the settlement agreement that we entered into over twenty years ago in 2003 is valid, and it’s clear, and it’s enforceable,” said Riordan.

Galo also asked the South Seas attorney, Hala Sandridge, for comment, but she declined.

An important point to note is that the issues of height and density are two separate things when considering the South Seas.

• RELATED: Fight over increased building heights and density continues on Captiva Island

Friday was all about density, not building heights. Those will come up at a later court date.

The judge gave both sides a deadline of Next Wednesday to submit additional court filings.

After the filing, a decision on whether or not the Captiva Civic Association’s motion for a summary judgment will be approved is expected within a few days.