Recent Court Rulings Have Produced Mixed Results

UPDATE – June 2026: Legal Battle Over South Seas Continues

This article was originally published during the early stages of the Protect Captiva movement. Since then, several significant court decisions have reshaped the legal landscape surrounding South Seas Island Resort's proposed redevelopment plans.

In May 2026, Florida's Sixth District Court of Appeal issued two rulings favorable to South Seas and Lee County. The court reversed an earlier Circuit Court decision that had enforced the historic 912-unit density limitation at South Seas, ruling that the 2003 settlement agreement constituted unenforceable "contract zoning." The same appellate panel also upheld an earlier administrative ruling that found Lee County's amendments affecting South Seas density regulations to be consistent with the Lee Plan.

Protect Captiva, the Captiva Civic Association (CCA), and numerous South Seas condominium and timeshare associations continue to challenge the resort's redevelopment plans through additional legal actions. Most notably, a separate court challenge seeking to invalidate Lee County's approval of increased building heights and density at South Seas remains pending.

As of June 2026, the ultimate size and scope of future redevelopment at South Seas has not yet been finally determined, and litigation regarding building heights, density, due process, and rezoning approvals continues.

Because this issue continues to evolve, readers are encouraged to follow both the Captiva Civic Association and Protect Captiva for the latest legal updates.

June 11, 2026 Update:

The legal battle over South Seas has produced decisions favoring both sides, leaving the resort's long-term redevelopment plans far from settled.

In one of the most significant victories for Protect Captiva, Circuit Court Judge James Shenko ruled that a longstanding 2003 settlement agreement limits South Seas to 912 total units, including hotel rooms. Lee County and South Seas have appealed that decision, and the matter remains pending before the Sixth District Court of Appeal.

At the same time, South Seas and Lee County prevailed in a separate case involving amendments to the Lee County Land Development Code. An administrative law judge determined that the county's changes allowing South Seas to be exempt from Captiva's traditional hotel density restrictions were consistent with the Lee Plan. Protect Captiva and the City of Sanibel have appealed that ruling, arguing that the amendments violate long-standing planning policies intended to preserve Captiva's historic development pattern.

As a result, multiple appeals remain active, and the ultimate size and scope of any future expansion at South Seas has not yet been finally determined.

We encourage you to watch this video to learn more about Protect Captiva and their concerns:

“The new land development regulations and the increases in heights and density sought by South Seas are inconsistent with Captiva’s current infrastructure, its limited hurricane evacuation capability, and its environmental resources,” said James Evans, CEO of Sanibel Captiva Conservation Foundation. “Captiva is a fragile barrier island which cannot absorb the development projects sought by South Seas. The community has no choice but to contest these unwise and unacceptable changes in the court of law.” 

Representing the Protect Captiva coalition which was established in June 2023, the Captiva Civic Association (CCA) filed a petition with Lee County on Jan. 8th 2024, challenging the new land development regulations that increase building heights on Captiva, and building heights and hotel density on South Seas Island Resort. 

“The communities of Captiva and Sanibel came out in force and tried everything possible to convince the Board of County Commissioners to maintain the long-established height and density regulations that protect our fragile barrier island,” said CCA and Protect Captiva representative Lisa Riordan. “The Commissioners completely ignored their constituency – giving us no choice but to commence litigation.” 

The Protect Captiva Coalition was established in June 2023 by concerned citizens and organizations in opposition to increasing building height and density and opening the door for hundreds of new hotel rooms on Captiva Island. Their coalition includes more than 13,000 residents, organizations, and other individuals who are opposed to this shortsighted plan that will forever change the character and safety of Captiva. If this issue is as important to you, please visit https://protectcaptiva.org to learn more and get involved.