A court ruled against Lee County in a case that could affect new housing projects.     

One of them, Kingston Development,  is planned for thousands of homes in southeast Lee County.   
 
The circuit court judge's ruling went against Lee County in the approval of a wastewater treatment plant on Alico Road.

Last year commissioners re-zoned farm-land to allow the wastewater facility on 112 acres. It would serve the new under development Kingston area off Corkscrew Road and other growth in southeast Lee.

Judge James Shenko ruled that commissioners were prejudiced and biased in their approval. He wrote their " Yes" vote came after commissioners agreed and approval was based on the direction of the county board over the last four years. The judge ruled that basing a vote on the past direction of the commission is not a valid reason to approve.

Judge Shenko also wrote that the proposed plant could attract a lot of birds. And because it's within five miles of the international airport, more birds could mean more chances of collisions with planes.

The Lee County attorney's office says it intends to vigorously defend the board's zoning decision, and may appeal to a higher court.

The lawsuit was brought by three individuals, including a man who owns land near the proposed wastewater plant.

A ground-breaking ceremony is planned Thursday for the Kingston development, one of the largest master-planned developments ever conceived in Southwest Florida, spanning almost 7,000 acres.

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