Ceitus Boat Lift Legal Case Status as of October 30, 2016
The petitioners filed for summary judgment and the judge denied the request.
Afterwards, the Cape asked DEP to rule that they were in compliance with the consent order and DEP stated no further action was required, presumably that it is no longer necessary for the Cape to apply for the permit as required by the second amended consent order.
The Cape then asked the judge to file for summary judgment based on the DEP determination.
The petitioners followed by filing for dismissal without prejudice, and the petitioners instead filed for administrative hearing challenging the DEP's (no further action) letter.
Despite this prolonged legal process on Cape Coralís removal of the Ceitus Boat Lift on the north side of the spreader canal system, Cape Coral is now seeking DEP approval to remove the Chiquita Boat Lock, destroying the southern part of the spreader canal system.