Client: City of Cape Coral
Practice Area: Environmental & Administrative Law and Litigation
Attorneys: Kevin S. Hennessy, Frederick L. Aschauer, Jr., Richard P. Green, Christopher A. Perrigan

Challenge
For years, the City of Cape Coral sought to remove the inoperable Chiquita Boat Lock—an aging structure originally installed by a private developer in the 1980s. Although intended to protect water quality and boater safety, the lock instead became a source of environmental harm and public hazard. It was directly linked to multiple manatee deaths and contributed to dangerous boating conditions.

When the City of Cape Coral’s initial attempts to remove the lock were denied they turned to Lewis, Longman & Walker, P.A.

Strategy
LLW’s Environmental Litigation team brought a renewed legal strategy and extensive environmental evidence before an administrative law judge. In a 45-page ruling issued in June 2024, the judge found:

• The lock’s removal would have no negative impact on water quality, fish and wildlife, endangered species, or recreation.
• The inoperable lock had become a public hazard and a direct threat to manatees.
• Opponents “presented no evidence, let alone competent substantial evidence,” to counter the environmental benefits of removal.

Outcome
The ruling allowed the City of Cape Coral to move forward with lock removal—a project expected to restore the natural flow of water, improve boater safety, and protect wildlife. In accordance with state regulations and manatee protection efforts, the permit prohibited dredging through March 31 to avoid disrupting the marine breeding season. The project is expected to be completed by June 2025, delivering a cleaner, safer, and more ecologically balanced waterway.

Contact
For more information, contact Kevin S. Hennessy at khennessy@llw-law.com, Frederick Aschauer, Jr. at faschauer@llw-law.com or visit llw-law.com.

Read More
City of Cape Coral Allowed to Remove Lock, Save Manatees, August 2024