APPEAL ARGUED IN TAMPA -- on October 18, 2018, our attorney Steve Brannock argues our appeal on the annexation case in Tampa.  From the questions of the judges, we believe the case will be reversed and returned to Judge Kyle.  Judge Kyle will then be required to decide the case on the merits.  Judge Kyle has already indicated he believes there are problems with the City's case for annexation.  We will announce an opinion of the Court as soon as it is received.

Appeal Filed!

MCA attorneys filed the appeal of the annexation case against Cape Coral. The brief is attached here.

 

Please read patiently. You do not have to be an attorney to understand how Cape Coral abused the annexation statute. Cape Coral must answer, we file a reply, and we anticipate oral argument at the Second District Court of Appeals in Lakeland.

Update on Annexation-

Sorry to report that Judge Kyle has denied our petition to overturn Cape Coral's annexation of the properties at the entrance to Matlacha. A copy of the order is attached.

In paragraph 8, Judge Kyle says we made good arguments that the annexation is unlawful and violates the statute. We obviously think he is correct on these facts.

However, in paragraphs 11 and 12, Judge Kyle says that our plaintiffs lack "standing" to sue because they have not adequately alleged "material injury." Judge Kyle admits that this term is undefined. He admits that Cape Coral's failure to comply with the annexation statute can establish "material injury." He then goes on to use cases involving challenges by cities to annexation by adjacent cities to find there is no "material injury" to our citizen plaintiffs.

Our attorneys and I believe that applying these cases to citizen plaintiffs actually residing in Cape Coral is wrong. Judge Kyle may have been persuaded by these cases because there is no case from a Florida appellate court applying this language to a citizen plaintiff. 

Judge Kyle does not discuss our argument that because Cape Coral is on both sides of the annexation, no one in Matlacha has a right to appeal. We asked him to find that under these circumstances, we would have such a right. 

We are awaiting our attorneys' thoughts on whether to ask for reconsideration by Judge Kyle and/or petition for appeal to the Second District Court of Appeals. The appellate court may be more comfortable interpreting the language "material injury" differently in connection with citizen plaintiffs. In addition, the appellate court may be more concerned with Cape Coral being on both sides of the annexation.

I wanted you to have this decision ASAP for your consideration.

Mike Hannon

Welcome Back to Paradise

It is that time of year again, and we are all gathering together in our favorite spot....Paradise. There has been much going on with both Annexation and Incorporation. Here are a few links that will provide you with some information about the status of both. 

The Pine Island Strong Facebook Page can be accessed here to get some of the latest news on the ongoing battle with Cape Coral.

Incorporation is a hot button issue, and there are Matlacha residents on both sides of the fence. Everyone is welcomed to comment on the topic, but remember, remain on topic and do not sink to the level of personal attacks. We are all in this together and have one goal in mind...keep the Cape off our Island.

"Watercolors Gala"

 Buy Tickets Here

We are excited to announce details of our First Annual 

"Watercolors" Fundraising Gala. This event will be held on

Sunday, April 2nd from 3-7 PM at the Matlacha Community Park.

We will feature live music, both live and silent auctions,

food from our island restauranteurs, as well as beer and wine.

 

Tickets will go on sale Monday, March 6th. We will have both online and paper ticket sales. Cost is $60 per person, or $100 per couple. All food, drink, and entertainment is provided.

 

ALL proceeds will go to the Matlacha/Pine Island Environmental Fund, to be used exclusively to fight the Cape Coral Annexation, to replace the Ceitus Boat Lift Barrier, and to force Cape Coral to comply with the Clean Water Act. This will be our largest fundraiser to date and will go a long way in providing funds for the legal battles ahead. It promises to be a fun-filled day of community and advocacy. Make plans to be there!!

Contributors to the auction will receive DON'T ANNEX MATLACHA T-shirts, bumper stickers, the famous MPI bumper decal created by MCA Board Member Judy Grove, and publicity on this website and in our "Watercolors" Program.  Contributors may volunteer items by sending an email to PINEISLANDSTRONG@gmail.com. All businesses and individuals who donate will receive publicity on our website, Pine Island Strong Facebook page, and our event day contributors board. 

Volunteers should sign up by email to PINEISLANDSTRONG@gmail.com.

Save The Date, (Revised Date) April 2, 2017, Festival and Auction

You asked for it; and we are making it happen. The plans are well underway for our largest fundraising event to date. All profits will go toward our Environmental Legal Fund. This fun event will include both a live and silent auction, scrumptious local food, a cash bar, and entertainment. The event is scheduled to be held on Sunday, April 2 from 2-6 PM at the Matlacha Community Park. We will have more details this coming week, but make sure you put the "Save the Date" on your calendars and start asking locals friend and businesses to donate an item or service toward our auction. Suggested donation items are gift baskets, art work, art classes, vehicles, kayaks, charter fishing trips, tackle, gift cards, boating items, clothing, cleaning and pet services, car washes, meals, spa and hair care, wellness classes, beach gear and much more. Matlacha's very own Karl Deigert will be heading the auction. All individuals and businesses will be listed on our website for recognition. 

Updated Donation List

Thanks to all who have so generously donated toward our legal fund. We are just shy of $40,000. If you have not donated, please do so and push us over the $40,000 mark. Click here to see the update list of donors. 

Updated List of Those who Have Donated to the Legal Fund

Sorry for the delay, but here is the updated list of those who have graciously and generously given to the legal fund. If you have not given, PLEASE do so today. We will post a legal update on this site by Friday. Happy Februrary!

Important Update-Posted January 25 

Our lawsuit has been served on the City.  We are doing everything to move the lawsuit along as quickly as possible.

 

Meanwhile, the Conflict Resolution proceedings over annexation will begin at a public meeting in February. The Matlacha/Pine Island Fire District and the City of Caper Coral will be at the table. So far, LEE COUNTY has not indicated it will participate. PLEASE contact our LEE COUNTY COMMISSIONERS [don't forget we vote for all of them] to demand that they come to the table to fight annexation on our behalf. Tell them to read our lawsuit, which makes clear the annexation is unlawful. We need more dialogue with our elected officials.. 
1) dist1@leegov.com ----- John Manning 239-533-2224
2) dist2@leegov.com --- Cecil Pendergrass 239-533-2227
3) dist3@leegov.com ------- Larry Kiker 239-533-2223
4) dist4@leegov.com ----- Brian Hamman 239-533-2226
5) dist5@leegov.com ------- Frank Mann 239-533-2225

Make Your Voices Heard:

As stated strongly last night, we need to write, email, or call our

County Commissiors and let them know they need to stand with the people

of Pine Island, Matlacha, Bookelia, St James City and Pineland. As requsested, here is the contact info for each. We have hyperlinked all email addresses to make it easier for you to contact them via email.

Tell them in a respectful tone that we want them to support our lawsuit, and ask them to meet with our representatives to learn about our needs. We need more dialogue with our elected officials.. 


1) dist1@leegov.com ----- John Manning 239-533-2224
2) dist2@leegov.com --- Cecil Pendergrass 239-533-2227
3) dist3@leegov.com ------- Larry Kiker 239-533-2223
4) dist4@leegov.com ----- Brian Hamman 239-533-2226
5) dist5@leegov.com ------- Frank Mann 239-533-2225

Thanks for all who came out to last nights MCA Monthly Meeting. A special thanks to Birdi Smock for her Leadership and to Dr. Michael Dreikorn and Michael Hannon for being our guest speakers and providing valuable information on both the Fire Department Consolidation Issue and the Annexation. 

Updated Donations List

Thanks to all, we have raised over $32,000 for the Anti-Annexation legal fund. Please see the updated list here (click) with the funds from last nights meeting being added to the list tomorrow. Pulling together, we will be heard and stand up against big city takeover of our beloved Island. 

Lawsuit Filing and Donation Update

As most of you know, the lawsuit against the City of Cape Coral has been filed. A text of the suit can be found here. Additionally, we are moving along nicely in our legal battle funding, having just breeched the $22,000 mark. See updated list of donors here. Please continue to follow the progress and give to the legal fund. We have only begun the process and are preparing for the next phase. We have a new colorful set of "Don't Annex Matlacha T-shirts coming soon as well as bumper stickers. Further details will be posted on our Facebook page and website. 

Update on Annexation

As many of you know, the press has been covering our battle with

Cape Coral on an almost daily basis. Check out our Facebook page

for the clips. We also want to give a HUGE shout out to our donors.

Click Here  to see the updated list. We ask you to join us by contributing on the website or mailing a check. See www.matlachacivicassociaton.org for ways to donate. 

Thank you to our Contributors:

These Businesses or Individuals (click link) have donated money to our Legal Fund. To date, we have raised over 17,000 dollars to support the cause. We want to say, "Thank You," to all who have donated and remind everyone to support the local businesses who have contributed. We need to keep the momentum going strong. If you have not donated, please step up and do so today. Also, if you gave cash and wish to be recognized, please email us at pineislandstrong@gmail.com. Thanks to everyone and lets keep it up! We will be heard!

Press Release and FAQ

Please see both our Press Release and our FAQ for the most up to date information on where we stand with the Annexation battle with Cape Coral. Many thanks to Nadine Silmak of Vetted Communications for her commitment to the cause and working hard on these documents. Well done Nadine!

Donation Portal Live:

 

Pay Now 

OR

Pay Later

 

 

 

Our Legal Fund Donation portal is live. These funds are tax deductible and go to a dedicated Environmental Legal Fund. Unless you choose to donate anonymously, your name will be listed here as an important part of this effort. Please make every effort to dig deep and join us to protect our island way of life.

Remember: If Cape Coral City Council succeeds in their efforts, they promise to up-zone these lots, and their development will no longer fall under the "Pine Island Plan." Cape Coral can plan for 8 stories, just as it has done for Seven Islands. 

We have received contributions over $6000 in just one day, and the community outreach committee is soliciting large donors this week.

Update on Annexation-Posted 12-27 by Kathleen Walsh

The leadership team met today to discuss the next move in our effort to prevent The Town of Cape Coral from moving forward with annexing land in Matlacha. There will be a community wide informational meeting Wednesday, the 4th of January at 4 PM at the #1Fire House next to Phillips Park at 5700 Pine Island Road in Bookelia 33992.  Please contact Mike Hannon for more information. He can be reached at jmikehannon@gmail.com. 

202-365-5561. PLEASE make every effort to attend this critical meeting, which will be our last public meeting before the deadline on January 11th. 

Annexation Updates-Posted 12-22 by Kathleen Walsh

 At our very first community meeting held at the Pine Island Fire Station on December 15, you unanimously directed the Leadership Group to attempt to open a dialogue with the City and the County. 

 

We are pleased to report that we expect to meet with their representatives very soon after New Year's day. Stay tuned. Merry Christmas, Happy Holy Days, and Happy Holidays.

Cape Coral Annexation-Posted 12-20 by Kathleen Walsh

As Most of you know, the town of Cape Coral voted to annex over 5 acres of land at the entrance to Matlacha. The Civic Organization, along with our sister organizations in Pine Island and Bookelia, are united to fight this annexation. 

MCA and our Pine Island neighbors are joining the Pine Island Fire District and the Pine Island Water Association in litigation against the City of Cape Coral, if necessary, to protect us from the incursion of the City. We will be attaching a donation button to our site in an effort to receive donations for our litigation fund. Please check back for this after Christmas. 
Your fully tax deductible contribution will be secured in the MCA Litigation Fund -- separate from the operating fund.  Our attorneys will be chosen by MCA in association with the Leadership Group of PINE ISLAND STRONG.  For more information, go to PINE ISLAND STRONG on Facebook.