In a court filing Thursday, Circuit Court Judge Michael McHugh denied the Writ of Certiorari filed by residents who live close to the Red Coconut property. Seagate can now proceed with their plans to redevelop the property.
The judge ruled the Fort Myers Beach Town Council did not error when voting to approve the 17-story Seagate project. Judge McHugh also ruled the residents were not deprived of due process, and the council members who voted yes did not reflect a bias or predetermination. He also denied their request to present oral arguments. A group of residents hired an attorney and filed the Writ against the town in March of 2025 shortly after the Town Council approved the project. Read the 12-page ruling HERE.
What we’re hearing is that Seagate plans to move forward with the design phase of the project. Studio AD’s Albert Dambrose estimates the design phase of a project this large will take about a year followed by another year of permitting. The property did recently go up for sale.
Protect FMB is the group that organized to try to stop the project by filing the Writ of Certiorari. It was a very expensive fight to lose. The actual legal fees have never been made public but we’ve been told they were hefty. If the judge ruled in Protect FMB’s favor, the Town Council would have to take another look at the project. It would not have meant the approval would be reversed. Here’s a statement from Protect FMB: “We are disappointed with the judge’s order and will be reviewing all available options for a post-opinion motion. We support responsible development, but we remain unwavering in our opposition to the Seagate development and any massive development that threatens the character and scale of the neighborhoods of Fort Myers Beach. We appreciate the Fort Myers Beach community who assisted financially and in many other ways in our desire to preserve the nature of the island.”
The town fought the court case side-by-side with Seagate. Back in July of 2025, the town and Seagate responded jointly to the court filing. They stated that the residents who filed the Writ of Certiorari to challenge the project lack standing, made weak arguments, and did not provide the court with a full and fair statement of facts. They also stated that the project “provides a plethora of public benefits.”
To jog your memory, the Seagate approval includes two condo towers that could be as high as 17 stories. There are 3 other buildings (all 5 would be on the Bay side) that would be less than 17 stories. The two 17-story buildings will be over 200 feet higher (235 feet total) than what’s allowed by right. The plan includes 137 condo units, 4 single family homes, a restaurant open to the public, a 240 foot view corridor on the beach side of the property, a private pedestrian walkover and a private beach club with availability of local paid memberships.
The Seagate approval was also the issue that triggered the recall election. Despite alleging John King and Karen Woodson violated Florida’s Sunshine Law, and accepted gifts from developers, the entire beach community knew the recall was about Seagate. King and Woodson voted in favor of the project and were both recalled. King was able to keep his seat when a judge ruled the petition to have him recalled was flawed. Vice Mayor Jim Atterholt was the third yes vote. He resigned his position at the end of last year.
Local journalism is hard work. If you appreciate the most in-depth reporting on Fort Myers Beach, please support what we do HERE by Venmo, Zell or PayPal. Thank you.
TLM = Turtle Lives Matter 🐢
Unless we can get a hurricane to run in reverse and restore everything we had before IAN we have no choice but to play the card we’re delt. The island Will NEVER BE The SAME. Rules and regs regarding restrictions on building never foresaw the deviation that we are forced to recon with. We have to deal with the here and now…the reality of what needs to happen. It’s called progress. Like it or not….it’s here. BTW I’m a resident since 73. Nice to meet you all.
Congratulations Seagate you can now start trying to build something to pay for your massive mistake of overpaying for that land
It’s an unfortunate fact that FMB can’t be put back the way it was before Ian, Helene and Milton. And there will be other hurricanes. And with more development how is the town going to deal with even more traffic. They should have addressed that when Margaritaville was built but they didn’t. Instead it takes you 1 1/2 to 2 hours to get off the island during season. Or 45 minutes to an hour to go from the south end to a restaurant in the north end.
Yes, I miss the wooden, rat infested shacks that littered the beach. Nothing says yummy like biscuits from a shed.
The traffic has been like that for 50 + years.
This is not progress. This is destruction. This will be a shiny blemish on the little island.
It’s good to see something beautiful being built that matches the beauty of the island. Hopefully the owners who are building the 200 space parking lot on the south-end beach with food trucks will step up and build something nice or sell it so someone who will.
What??? Something beautiful? Since when are monstrosities beautiful??? What island are you referring to??? Have you ridden a bike around to see all of the real beauty of this unique slice of paradise??? This project is NOT anywhere remotely “beautiful” so in no way does it beautify Fort Myers Beach. It only adds some weird class distinction of what money looks like so that class can hide in their ivory towers and privately walk without any interaction with their perception of so called “common folk”.
Go someplace else. You don’t belong here.
Agree to disagree. I’d rather look at Seagate than food trucks and a giant parking lot. If we run off all of the developers who want to step up and build something nice, we will be stuck with parking lots and food trucks.
HUGE DIFFERENCE between food truck park and Seagate Monstrosity. We don’t need THAT. Back it up with a proper height restriction and all public access to whatever is on the beach.
But the trailer park was nice, right?
Freddy, this is too funny! I’ve always wanted to say it, but haven’t! In Wisconsin, trailers or mobile homes or modular homes were frowned upon and no municipalities wanted them on private property! We weren’t allowed. We had to fight for new laws and regulations to allow them. Now, residents want them?
So why have a rule book if the rules can be ignored by the town Does someone have a penthouse suite reserved ?
So sad that the Public Benefit provision in the Code was written so loosely that it enables approval of buildings more than SIX TIMES HIGHER than what is allowed by right. It is not exaggeration to say that the Town was created to stop big buildings from being built in residential areas, with Diamond Head being the poster child. Now the owners of Diamond Head itself are proposing a colossal expansion of that very property. They understand that the original purpose of the Town is dead. If we can’t stop unreasonable development, then let’s disband the Town and at least save the extra layer of taxation. How do we get this on the ballot? I assume we would need only a few more votes more than we got for the Recall.
Hey Ginny,
Do you want to stay at my house while construction is going on at Seagate?
I’m sure it won’t be much of a problem.
How does this development benefit you one way or the other?
17 stories on this beautiful peace of paradise will change the look and feel of everything around it.
I’m sorry to see this passed
I wake up happy every day in Fort Myers Beach. It is a choice. Protect your own peace People, life is too short not to love life and be a part of this beautiful island community.
So wonderful to hear just before a glorious Memorial Day weekend. Thank goodness we have some common sense. The mob gang neighbors will get over it and start coming around once they enjoy that beautiful building and public access.
Baloney….You really think it’s got ANYTHING for THE NEIGHBORS????? That’s not just a joke..it’s a deliberate deceptive lie.
Woo-Hoo!!!!! It’s a great day for progress!!!!!
Absolutely! I can hear the crybabies crying from my window!! Hahahaha!
It appears that the Land Development Code is meaningless, does not carry the force of law and can be violated with impunity.
Maybe Ed should do a walk around to show everyone the “scale and character” of the neighborhood. I remember a full sized school bus being parked in the front of one of the neighborhood homes for years.
We can only hope that that some of the other needed approvals are denied. Doesn’t the EPA and the Army Corps of Engineers also need to approve this?
It’s a sad day
Greed based decision not in the best interest of locals..you are running folks out of town!
\
good riddance !
everyone on the losing team can be run out of town
as beck famously said……..
soy un perdedor
i’m a loser baby……..