South Seas Clears Another Court Hurdle: Judge Upholds the County's Approval of 435 Hotel Rooms and 193 Residences on Captiva
A Lee County circuit judge rejected the challenge to the resort's rezoning, ruling the county's comprehensive plan does not bind South Seas to its historic development limits — while leaving neighbors' private property claims for another day.
South Seas' contested expansion on Captiva has survived another court challenge. In a 52-page order dated October 21, Lee County Circuit Judge James Shenko upheld the county's 2025 approval of 435 hotel rooms and 193 residences at the historic resort and rejected the writ of certiorari brought by residents, property-owner associations and businesses seeking to throw out the rezoning.
The challengers argued the approval was procedurally unfair, unlawful and unsupported by competent substantial evidence, and that the expansion violates protections for the island's historic development pattern. Shenko rejected the argument that Lee County's comprehensive plan binds the resort to its historic development limits. County records separately show approval of infrastructure work supporting a 219-room hotel project in three buildings, including water and sewer connections, parking and drainage.
The South Seas Ownership Group called the ruling another significant step forward in rebuilding since Hurricane Ian, saying it affirms the validity of the county's actions and the extensive public review process. The fight is not finished: Captiva Civic Association president Lisa Riordan said the petitioners' attorneys disagree with the decision and are determining the basis for an appeal, and Shenko's order expressly leaves neighboring owners' private property rights undecided — one of several fronts in a dispute that has at times run half a dozen cases at once since Ian devastated the resort, which occupies about a third of the barrier island, in 2022.
