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FLORIDA RECORD

Wednesday, May 1, 2024

COVID-19 delays the resolution of Fort Myers Beach Margaritaville resort legal battle

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FORT MYERS BEACH - The Fort Myers Beach Margaritaville resort project is on hold indefinitely due to the COVID-19 outbreak, which may be a good thing, according to experts.

“Any time a development is delayed, the developer has the opportunity to think about whether it's the right thing,” said Francis X.J. Lynch, a real estate development attorney with Sniffen and Spellman law firm in West Palm Beach.

The 254-unit development has been embattled ever since a resident sued the city of Fort Myers Beach for approving the resort, according to media reports.

“Neighbors objecting to new developments happens all the time and things are worked out with the neighbor or in the legal system but here the court is restricted due to the coronavirus and we don't know how long it's going to last,” Lynch told the Florida Record.

As of April 18, the number of positive COVID-19 cases statewide was 25,492 along with 740 deaths, according to the Florida Health Department.

Gov. Ron DeSantis proclaimed a public health emergency on March 1.

As previously reported in the News-Press, after a Lee County Circuit Court judge ruled against the resident neighbor’s lawsuit, he appealed to the Second District Court of Appeal in Lakeland.

“Margaritaville Resorts has a national and international following,” Lynch said in an interview. “It brings traffic and tourists, which benefits local businesses. The worst-case scenario is that the developer abandons the project.”

Margaritaville resorts are located in Cancun, Mexico; Pensacola Beach; Kissimmee; Key West; Grand Cayman, Cayman Islands; Guanacaste, Costa Rica; Nassau, Bahamas and many other locations.

“In cases like this, I would advise my client to reach out to the neighbor to see if we can work something out,” said Lynch. “Maybe the developer already tried that and failed.”

Margaritaville developer Tom Torgerson did not immediately respond to the Florida Record’s requests for comment.

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