Lee County v. Captiva Civic Association, Inc.
Lee County appealed a summary declaratory judgment holding that a 2003 mediated settlement agreement permanently barred the County from issuing building permits for more than 912 dwelling units in the South Seas Resort District. The Sixth District reversed, holding that as construed by the trial court the perpetual permit cap was an ultra vires contracting away of the County's police power and unenforceable as a matter of law, and remanded for entry of judgment for the County.
Key facts
- Lee County entered into a 2003 mediated settlement agreement with Captiva Civic Association that permanently capped building permits in the South Seas Resort District at 912 dwelling units.
- The trial court granted summary declaratory judgment for Captiva Civic Association, holding the settlement agreement enforceable and permanently barring Lee County from issuing permits exceeding the density cap.
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Why it matters
This decision extends the anti-'contract zoning' / police-power doctrine (Hartnett, Chung, P.C.B. Partnership, Morgran) beyond developer-landowner agreements to settlement agreements with citizen and civic groups… — full analysis with a trial
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