Attorney Farr argued the case of Sunset Realty, with
an argument that the lands were not really “environmentally
sensitive” at all. Farr said they would
compromise down to only 500 square feet of dock
space in the area and would separate almost 16 acres
of upland from the wetland building proposed.
In opposition to Farr, attorney Batsel asked
long-time mullet fisherman Guy Cole what he
thought about the proposed development, and Cole
described the area as “one of the best fishing shores
we have left.” He added that development could
mean the end of commercial fishing in that area, and
that the water there that was rich in redfish, trout and
mullet was that way because of so little boat traffic.
He referred to the harbor side of Gasparilla Road,
to an area called “The Kitchen,” where hundreds of
thousands of tons of clams had been harvested to
sell to the Campbell Soup Company. He spoke of the
oysters on the grass flats, and the abundance of
shrimp in those waters as well.
Batsel also argued the fact that since the purchase
of the land, Sunset had never displayed any intention
of developing the land and had, in fact, publicly
referred to the land as “environmentally sensitive.”
In the end county commissioners agreed that much
of the property seemed very “upland” to them, and
that deed restrictions could be created allowing
building only on those lands.
That October day in 1982 Commissioner Lee Eure
made a motion to approve the development of 29
units, with the restrictions. The commissioners
unanimously agreed.
In January of 1984 construction began on the 84-
unit condominium complex on Cole Island called
Boca Grande North. The first phase included 24
two-bedroom, two bath units as well as tennis
courts, a swimming pool, a bicycle path and a
clubhouse. When complete the project was
slated to include seven two-story structures, said
developer John McGiffen, president of Gasparilla
Pass, Inc. Yusk Construction of Englewood was
the contractor.
McGiffen purchased the island in 1981 for $1.2
million and closed the popular campground that
many had called their temporary (and for some,
permanent) home for many years.
Sunset Realty won its first development rights
round with the state of Florida in November
1984 after filing a complaint contesting a new
Charlotte County Coastal Construction line
adopted by the state just two weeks before. The
complaint charged the proposed revision of the
line violated a 1978 settlement between Sunset
and the Florida Department of Natural
Resources. Just weeks later, a circuit court ruling
exempted Sunset Realty’s holdings on the north
end from the new law, but that ruling was
challenged by the DNR in court. While the new
ruling didn’t entirely disallow building on the
coast, it meant all coastal building could be
challenged by the state.
Four local developers and 65 individual
property owners took the matter to an administrative
hearing, challenging the computer
modeling method that had been used to predict
the flow of sediments, and thus to set the new
line.
In January of 1986 Charlotte County
34GASPARILLA ISLAND 2018 March/April