Ceitus litigation progress report
To the editor:
Reference: State of Florida, ex rel Phil Buchanan, Riverwatch, CLT, GPICA, RGMC, SCCF, and SWF Watershed Council vs City of Cape Coral; Case No 14CA1204, seeking restoration of Ceitus Barrier to alleviate environmental damages.
Litigation is always slow and this lawsuit is no exception. The case was assigned to Judge Alane Labota, which is good because she has a very great reputation.
Cape Coral initially brought a motion to dismiss the case, claiming it was impossible for them to file an application for a permit to rebuild the barrier (as required by the settlement agreement concluding the previous legal action). After a 1-hour hearing, Judge Labota dismissed that motion.
They then brought a motion for summary judgement, making essentially the same arguments. Judge Labota held another 1-hour hearing on Aug. 12, but has not yet released her order.
She did, however, on that date order the parties to conduct formal mediation (they essentially lock the parties in a room and force them to talk to each other). Mediation with all parties attending was conducted on Sept. 10, but did not result in an agreement.
Meanwhile, the environmental damages continue. The mangroves and other wetlands west of north Cape Coral are essentially sitting high and dry ? denied the fresh water they need to function as a fish nursery and wildlife habitat estuary. A recent Lee County study documents that 76 to 81 percent of the stormwater coming down the Northwest Spreader in the rainy season dumps out the hole created by the removal of the Ceitus Barrier instead of flowing into the wetlands. In the dry season, that number goes up to 100 percent. That water is filled with nutrients and siltation that would be cleaned up if routed through the wetlands (as Mother Nature did for thousands of years) ? instead it is dumped directly into Matlacha Pass.
In August, 2015, for the first time in history, the Department of Environmental Protection declared Matlacha Pass impaired for nitrogen. That’s bad, very bad, news for tourism, fishing, and wildlife – and will cost taxpayers a fortune in mandatory clean-up attempts. But obviously, it should have been expected!
Meanwhile, I’m told Cape Coral developers are making big time money selling house lots along the North Spreader, which they advertise as waterfront with direct unimpeded access to the Gulf. One Realtor told me those lots are worth $30,000 to $40,000 more with that designation. Destroying the environment can be very profitable for a few people, but disastrous for our tourist-based economy, our taxpayers and our quality of life.
Phil Buchanan
St James City