Mucky Duck Restaurant Sues Over Captiva Dune Barrier | Florida Gulf Coast News

A legal battle over sunset views on Captiva Island, Florida, has escalated as the Mucky Duck restaurant’s lawsuit against the Captiva Erosion Prevention District (CEPD) has moved to federal court. The restaurant alleges the CEPD violated its civil rights by constructing a 12-foot dune that obstructs views of the Gulf of Mexico.

The Mucky Duck, a historic establishment dating back to 1924, claims the artificial dune, built as part of a beach renourishment project intended to protect the island from future storms, infringes upon its right to unobstructed views – a key component of its appeal and business. The lawsuit, initially filed in Lee County Circuit Court on December 8, 2025, now argues the CEPD’s actions violate the Takings Clause of the Fifth Amendment, as well as the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the U.S. Constitution.

A Dispute Over Dune Height and Damages

The core of the dispute centers on the height of the dune. According to the lawsuit, the state permit allowed for a dune up to 9.8 feet, but the current structure reaches 12 feet, with plans to increase it to 17 feet with the addition of vegetation. The Mucky Duck is seeking damages exceeding $100,000, claiming the barrier has significantly decreased its property value. The restaurant had been closed following recent hurricanes, and the obstructed views further impede its recovery.

The case highlights a growing tension between coastal protection efforts and the economic interests of businesses reliant on scenic views. Florida’s coastline is particularly vulnerable to erosion and storm surge, leading to increased investment in dune construction and beach renourishment projects. However, these projects can inadvertently impact established businesses and property owners who benefit from unobstructed access to the water.

From State to Federal Court: A Civil Rights Claim

The Mucky Duck’s decision to move the case to federal court signals a shift in legal strategy. By framing the dispute as a violation of constitutional civil rights, the restaurant aims to leverage federal protections against government overreach. The lawsuit asserts the CEPD acted “recklessly and intentionally” in building the dune, effectively taking a property right – the view – without just compensation.

This isn’t the first time the Mucky Duck has publicly challenged the dune construction. In December 2025, the restaurant filed a 218-page lawsuit detailing its grievances, accompanied by “before and after” photos illustrating the obstructed views. One photograph, dated November 5, 2023, depicts couples enjoying a sunset over the Gulf, while a subsequent image shows only a wall of sand where the water once was.

What to Watch For

The move to federal court introduces a new layer of complexity to the case. The court will now need to determine whether the Mucky Duck has established a valid claim of constitutional violation. The outcome could set a precedent for similar disputes along Florida’s coastline and potentially influence how coastal protection projects are planned and executed in the future. The case also raises questions about the balance between public safety – the stated goal of the dune construction – and the economic rights of private property owners. Further developments, including potential court hearings and rulings, will be closely watched by coastal communities and businesses throughout the region.

As of March 17, 2026, the Mucky Duck has reopened, according to reports, but the legal battle over the obstructed views continues.