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Sanibel City Attorney Neal Bowen Says Bowen Points out That This Court Opinion Located on Dunes Fairway Lots with Magnificent Views Taining Red and Black Mangrove

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Sanibel City Attorney Neal Bowen Says Bowen Points out That This Court Opinion Located on Dunes Fairway Lots with Magnificent Views Taining Red and Black Mangrove \ : EEDAH SEKVINO SAMKL-CAPTIVA AND THE ISLANDS FKOM ESTERO BAY TO THE GASPABUAS ONSANlBil? Court's Estuaries ruling By Don Whitehead sidering the long-standing and controver- ficials are goings to have to assess the conse- in denying the Estuaries developers a per- sial dispute over the proposed Estuaries quences of the court decision and, if the ap- mit to utilize approximately 1^00 acres Here are FIVE Designs Ready for Occupancy Early in 198O A 27-page, sharply-worded opinion hand- "project, told state and local officials to peal fails, the clearly overwhelming impact containing black mangrove forests, were ed down on December 17 by a three- either issue a requested permit for the .- that, the Estuaries development will have unconstitutionally "taking" the developers* property rights without just compensation. member appellate court, in Tallahassee 6,500-acre, 26,500-unit development or pro: on the islands. •;'•'.•••'>.', ••• ['•''•••.••. •'.:•"'''.• ceed to buy up to 4,600 acres of land con- • - Sanibel City Attorney Neal Bowen says Bowen points out that this court opinion Located on Dunes Fairway Lots with Magnificent Views taining red and black mangrove. that the opinion handed down by the ap- was directed against "administrative" The court decision, unless reversed on pellate court in the Estuaries case could be rather than "legislative" actions by the an analysis appeal to the Supreme Court, is certain to one of the most far-reaching and significant county and state, although the court did have a tremendous impact on land develop-: decisions affecting permitting and land not clearly draw the distinction. ment and permitting in the state of Florida. development to come out of a Florida state "I would hope," Bowen added, "that the sent a shock wave throughout'Lee County, The city of Sanibel was an interyenor. court in recent years.; / / court's decision would not adversely affect and beyond. - ' and one of the losers, in a suit that most, The bottom line in the appellate court Sanibel's land use plan, adopted by dty SCREENED PORCHJ J£he First District Court of Appeal, con- f'.' •'• = 48* xa' •= people had forgotten about. Now city of- opinion was that Lee County and the state. council as a legislative body and in accor- dance with an act of the state legislature." Bowen is not so confident, however, that MASTER LIVING BEDROOM the appellate: court opinion won't affect ROOM NO 2 BEDROOM# Sanibel's administrative permitting pro- 13'X17 21' 9"X \t>' • 12'X 12' cess. Under the' land use plan, development permits are issued by the planning commis- - sion, as the dty's official planning agency, c rather than by the city council. As to the effect the Tallahassee, court's decision might have on specific pending litigation involving the City of Sanibel, II Bowen declined to comment. Viewed in its potential overall impact on the state of Florida, "from. Pensaeola to the The Cirrus Keys," Bowen said the court's opinion could The Windward be~"disastrou8." He said the court seemed . Compacts bedroom home wlthr a huge Spacious 2 bedroom home featuring a to be acting "as a super-permitting agency screened porch. Perfect for casual loft overlooking the cathedralled living or a legislative body." , Island living^ Midentry permits inside ac- room. Area lends itself to hobby* £uest or : Bowen feels that the court —which was cess to lower, level $95,700. highly critical of the reasoning used by the family room use. See this unique homel' county, the Southwest Florida Regional $404,200. v : Planning Council, the State Cabinet, and a state-appointed hearing examiner in deny- ing the permit - should have given the hearing examiner and the Cabinet an op^ -poftunity to correct any alleged OTTOTS of procedure before making a final-judgment \f in the case. Additionally, Bowen says that the ap- pellate court opinion in the Estuaries case runs, counter to clear trends in court deci- sions of recent years related to the so- called "taking"issue. He cites two other The Montclalr Florida appellate court decisions as well as one from the Supreme Court of California, A rare find - 4 bedrooms! .Great -for the large as examples. (These cases are discussed family or office needs. Situated on a magnifi- below, in connection with the details on the cent lot, $102,500 Estuaries decision.) Background The complex story, of the Estuaries _*-' SANCTUARY centers around the dream of Atlanta GtM»d deeds attorney-developer Robert Troutman, environment, \ BUCK KEY backed by some powerhouse investors, to build an entire community along the A GIFT OF FLENA DV.KE BF.NFDICT TO Ti mangrove fringes of Esterb Bay. M&lvement of member* AMERICAN PtOPLE IN HONOR OF HFB. FAN Thej property put' together as The eqfihe Estuaries, and popularly known as "the Troutijnan project," totalled approximately 6,500 acres, largely wetlands, much of it tidal. To many observers it seemed an • continuedon8- A The Ocean View The Bayberry Popular split bedroom design/Immense Birders to count feathered friends for Auduboii Livable 3 bedroom home with a paved Idnai screened porch with 1<itchen pass-thru. on the ground level. Ready for immediate $99,500. \ ••. ; - By Susie Holly America and the West Indies islands to each with a crew, leader. "We^tty-.tp get help determine bird population trends. leaders who are as informed and; en- occupancyl $98/500 on a landscaped lot. There may be more than the usual This year marks the eightieth anniver- thusiastic ^as pojsfsible,'" Weymouth said. number of that somewhat odd-looking sary of the original Christmas. Bird Count, Each -leader has four to eight people species with permanently upturned heads, taken Christmas Day, 1899, in 25 locations, assisting to cover their section. In this way field glasses for eyes and guide books in primarily in northeastern cities. Sanibel the entire island is covered in a more or These elevated homes feature: hand around the island this-weekend; They has conducted such a count for about 20 less organized fashion, he said.. For additional Information may be sighted climbing mangroves, ; Expansive hobby/storage area • , years.' • ,- ': _ :'• -. ; ••-.,• • .'••"•:." \ call or visit our model: wading through wetlands,-trampling The National Audubon Society super- "The birders record every species they 2-car garage through the brush and making comments vises the counts and publishes the.results see', and-then come up with a fair Water and sewer hook-up 1028 Sand Cdstje Dr. ^such a^-'Ohift short billed dowitcher,** or in the July issue of its journal, "American guestimate on how many birds they see "There'sva yeflowrbellied^^^ sapsucker." • Birds." About 1^00 counts are conducted' within each species," Weymouth explained. Home Owners Warranty (HOW) 9 to 4 - \A%okdays ; Dunes Membership ;; These/ are birdere, ^participating in the from December 15-January. 1. Count areas "If there is quite a deviation in population, . GE self-cleaning range, dishwasher 8c hood 11o 4 -Sunday annual Audubon Society Christmas Bird may be no more than roughly 177 square • it will show up:" > i: "... :••;'•" Count: Sanibel's many amateur birders will miles and cannot overlap each other. ; Floor coverings throughout 'turn out in force on Saturday to-count The number of birds counted per area For example, Weymouth said, Sanibel P.O. Drawer Z, Sanlbel, FL 33957 every animal with" ..wings:. and. feathers varies from one in some of the northermost this year seems to have many more robins 813-481-2512 which they sight on or above the island. Canadian provinces to 354 species in the than in the past two or three years. The "It's sort of a game, but at the same time Panama Canal Zone last year. Sanibel island seems to have fewer shovelers. •it has a scientific objective,".^explained counted 109 species in 1978. compared to Trends such as these may show up over the ; : George Weymouth, local Audubon member 125 in 1977.; ;;K -- ^ :^y-'':•! '• ' • \'...'.',' years in the Christmas counts, not only About 60 island birder* will participate • who is organizing the bird count for Sanibel Weymouth expects about 60 birders to locally, but statewide. Scientists who study tn the annual Christmas Bird Count IV'; and Captiva. The bird counts are conducted participate in Sanibel's count tomorrow. the results then may be able to determine tomorrow. - . } '''•'. all over the United States, Canada, Central The islands are divided into eight sections. an explanation for the trends. -: . A2 Island Reporter isuuui tieponer December 98,1979 A3 mild;harves continues Tarpon Bay beach access undergoes some changes By Bradley Fray >t , blooms contain toxins that rob the water of .oxygen and thus can cause fish kills. Filter-feeding shellfish absorb the By Susie Holly at the end of Tarpon Bay Road. The permit IN . A shellfish harvesting ban remains in effect in Lee and toxins into their tissues and can cause illness if ingested by also required Trost to dedicate a 80-foot Charlotte counties following an outbreak of red tide on humans. Beachgoers arriving at the Tarpon Bay. wide strip of land which he owned along the December 17. Water samples taken last Friday indieated Mullet are the most susceptible to red tide blooms, ac- beach access may not recognize the place entire length of Tarpon Bay Road from the tide is in the "very m3d" range and responsible for cording to the DNR lab spokesman, who said that Sanibel's these days. In the past month, the parking West Gulf Drive to the Island Shopping Native plant giveaway minor and patchy fish kiBs. predominantly mullet-littered beaches are an indication of area there has shrunk, a long boardwalk Center in order to enlarge the city's right* Native plants free for the taking will be A Coast Guard aerial survey and water samples taken the low intensity of the bloom.
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