was preferable for it not to be involved in the dock rights controversy due to the fact it would free up their time and expense regarding the dock rights lawsuit. A “Boca Grande Isles Dock Rights Committee” was formed to satisfy the property owners who believed that a coordinated defense against Sunset Realty’s actions would be more effective and less expensive. As part of the decision to withdraw from the dock rights issue BGIPOA directors returned to each property owner a fee of $163 that had been assessed to pay for the expenses of fighting the issue. The new Dock Rights Committee then turned around and requested interested property owners pay them $163 to help offset the legal costs of fighting the dock rights fight. The Boca Grande Isles Dock Rights Committee filed a motion for summary judgement in the case, with an anticipated court date in late December or early January. The first part of the motion centered around Isles property owner Freeman Boynton who, with Sunset Realty’s approval, had built his dock with Sunset’s approval on their submerged land. Earlier in 1991 Sunset Realty served Boynton with papers to have him remove the dock that had been there for 15 years. The second part of the motion centered around the LeClair family, mentioned above, and another BGI resident, John Weiner. Weiner already had a dock built as well and Sunset Realty was demanding he tear it down. BGIPOA held their annual meeting and it was 40 GASPARILLA ISLAND July/August 2017 disclosed three BGI property owners had been granted clear title to the submerged lands owned by Sunset Realty adjoining their property, but they weren’t telling everyone else how they made that happen. May 15, 1992: Sunset Realty applied to Lee County for a permit to build a self-supporting dock approximately 100 feet offshore of lot 74 in Boca Grande Isles, on Lot 3 of the Sunset Realty “Sunset Flats” division. The dock would have been the first of its kind to be permitted by Lee County … ever. Rick Joyce with Lee County’s Division of Environmental Research said the county was closely looking at the issue and trying to answer legal questions about the project. He said the main problems included a lack of any zoning on the submerged parcel, and the fact that docks and docking structures were considered accessory structures which the county forbid in the case a principle structure could not be built first. He also cited the possible infringement of the proposed docking structure on the riparian rights of the adjacent upland property owners, specifically the owner of Lot 74. In a letter to Gordon and Marie Burns attorneys for 5F, LLC told the family they were unable to build a dock waterward of the mean November, 1991: September, 2014:
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