Lawyers for Protect Captiva and Lee County government will face off in Circuit Court at 10 a.m. Tuesday.
At issue is a suit filed by the Captiva Civic Association, on behalf of Protect Captiva, over changes to Lee’s long-standing Land Development Code.
Since 1973, the code has allowed for no more three units per acre at South Seas Island Resort.
But last year, the county changed the code exempting South Seas from such restrictions as well as others that govern maximum heights of buildings.
The changes pave the way for South Seas Island Resort to grow considerably during post-Hurricane Ian rebuilding.
"What's at stake is the existence as we know it on Captiva -- the historic development that has been in place for decades is being challenged by the changes that were made.," said Lisa Riordan, president of the Captiva Civic Association. "And then there's residual effects of all of those changes: the increased traffic; increased use of our utility services; our fire department, the water authority, not to mention the environment."
The county began discussing changes last year. Aside from the owners of South Seas and those associated with the resort, here's been near 100 percent opposition to the now county-approved changes.
"So people who live (there ) and love that island community understand it and are very upset by it," said Riordan.
Riordan's group filed legal challenges in January. Those include a motion to enforce a 2003 settlement agreement — an extension of a landmark 1973 agreement — on the maximum number of livable units on the northern tip of the barrier island.
Tuesday is the first day sides will face off in court. The county has asked that the matter be thrown out.
Hearing dates are also set for mid August regarding building heights on the island.
Riordan said, as of Monday, more than $625,000 has been raised to fight the county and South Seas.
"This support has come from all over. Not only Captiva residents and Sanibel residents, businesses organizations," she said. "There are hundreds of people who are visitors to both Sanibel and Captiva who readily understand what's at stake here and have made contributions."
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