A court ruled against Lee County in a case that could affect new housing projects.\u00a0 \u00a0 \u00a0 <\/p>\n
One of them, Kingston Development,\u00a0 is planned for thousands of homes in southeast Lee County.\u00a0 \u00a0
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The circuit court judge’s ruling went against Lee County in the approval of a waste-water treatment plant on Alico Road.<\/p>\n
Last year commissioners re-zoned farm-land to allow the waste-water facility on 112 acres. It would serve the new under development Kingston area off Corkscrew Road and other growth in southeast Lee.<\/p>\n
Judge James Shenko ruled that commissioners were prejudiced and biased in their approval. He wrote their ” Yes” vote came after commissioners agreed and approval was based on the direction of the county board over the last four years. The judge ruled that basing a vote on the past direction of the commission is not a valid reason to approve.<\/p>\n
Judge Shenko also wrote that the proposed plant could attract a lot of birds. And because it’s within five miles of the international airport, more birds could mean more chances of collisions with planes.<\/p>\n
The Lee County attorney’s office says it intends to vigorously defend the board’s zoning decision, and may appeal to a higher court.<\/p>\n
The lawsuit was brought by three individuals, including a man who owns land near the proposed waste-water plant.<\/p>\n
A ground-breaking ceremony is planned Thursday for the Kingston development, one of the largest master-planned developments ever conceived in Southwest Florida, spanning almost 7,000 acres.<\/p>\n