Home' Island Sun : ISN 072415 Contents ISLAND SUN - JULY 24, 2015
69 Acres Of Vital
On Captiva Island
In furtherance of its mission to protect
the environmental integrity of Captiva,
the Captiva Civic Association, together
with the Sanibel-Captiva Conservation
Foundation and the Conservancy of Southwest Florida, have worked for many years
to oppose the destruction of mangrove wetlands resulting from proposed develop-
ment of Harbour Pointe at South Seas Island Resort. After several years of meet-
ings and legal proceedings, the Army Corps of Engineers (ACOE) denied the devel-
opment request. Following an appeal, the denial was upheld by the ACOE.
The developer, Plantation Development LTD (PDL), the corporate name for
the Harbour Pointe project used by the Mariner Group that developed South
Seas Plantation Resort, brought a lawsuit in the U.S. Court of Federal Claims (in
Washington, DC) claiming that the denial was a “taking” under the Fifth Amendment
to the Constitution and that it was therefore entitled to compensation in that ACOE’s
action extinguished all economic value of the property.
The U.S. Department of Justice defended the case on behalf of the United States.
In May 2014, the Judge referred the case to an Alternative Dispute Resolution pro-
cess, appointing another Judge as the mediator. Following months of negotiations, a
final settlement has been reached and publicly filed with the court.
The U.S. Government, in order to avoid further litigation expense, agreed to com-
pensate PDL in the amount of $2.4 million (plus interest and legal costs) in exchange
for PDL’s agreement to transfer 69 acres, comprising the potential Harbour Pointe
development site, to the United States.
Recently, the U.S. Treasury Department was ordered by the court to pay the
settlement amount to PDL by June 26. PDL has agreed to transfer the property to
the United States within 10 days following receipt of the compensation and to then
dismiss the lawsuit. Under the terms of this settlement, this agreement cannot be con-
strued as an admission of any legal liability on behalf of the United States nor can it be
interpreted to constitute a precedent or argument in this or any other case.
The property has now been transferred.
Future Use Of Harbour Pointe Property
The title to the land has been transferred from Plantation Development to “The
United States of America, acting by and through the United States Fish and Wildlife
Service, United States Department of the Interior, 1875 Century Boulevard, Atlanta,
Georgia 30345, for management as part of the National Wildlife Refuge System, JN
Ding Darling National Wildlife Refuge.”
Captiva Civic Association Response
“We are pleased that the permit for this project was denied after years of legal chal-
lenges. The result of our joint efforts is that the vital black mangrove basin wetland
habitat will not be developed but will be preserved. It would have been a substantial
loss had the final outcome allowed the development of these wetlands as proposed by
Plantation Development. That did not occur, and the land will now be conserved to
protect its critical ecological values and functions. Importantly, the uplands that exist on
this property are protected as well, in perpetuity. Harbour Pointe Settlement.”
The CCA is thankful to its partners, the Sanibel-Captiva Conservation Foundation
and the Conservancy of Southwest Florida, for their efforts over many years to main-
tain the environmental integrity of Captiva. The CCA is appreciative as well of the
principled efforts of the Army Corps of Engineers, the Department of Justice and the
Department of Interior in their upholding and maintaining the ecology and unique
ambiance that is Captiva.
Artist rendering of prior proposed Harbour Pointe Development at South Seas’ harbour entrance
Children Enjoy Camping In
Not even a rainy week could deter the campers at the Children’s Education
Center of the Islands from having a great time.
It seemed that every time the campers would get out onto the playground to
set up their tents, the rain or thunder would start again. So instead of them camping
“out,” they decided to camp “in.”
Armed with sleeping bags, blankets, sheets and clothespins, the campers created
their own little camping world inside. Throw in a few crafts and some s’mores and
everyone was quite happy!
Ava Wodjeski enjoyed her ice cream treat
during a quick sunny moment
Bode Lackenby takes a break from camp-
ing in to pose for the camera
Landon Markosky is intriguided by the
designs he can make when painting his
campfire with a marshmallow
Emma Spencer and Ally Flynt lick the
chocolate off of themselves from their deli-
Beat The Heat At
Next SCA Potluck
ter way to
heat than indulging
in some delicious
ice cream. Mark
for the monthly
potluck dinner at
August 26 at 6
p.m ., Pinocchio’s Original Italian Ice
Cream will show you how to take your
favorite frozen confection and turn it
into a memorable part of your meal.
The Kitchen Guild of The Community
House has been growing through their
monthly potlucks. Maybe you would like
to join them. If you enjoy good eating,
bring a food item to serve six – appitizers,
entrees, bread, dessert, etc. Over 80 of
your friends and neighbors enjoyed the
last potluck and many new ideas for the
future are now on the list, including trips,
tastings and classes. All are looking for-
ward to the new kitchen that will be a key
part of the redevelopment of the House.
Bringing the community together through
food is how the House started back in
1927... and some things never change!
Call 472-2155 to make reservations
as seating will be limited for this potluck
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