Sand Dune Lawsuit Pits Captiva Restaurant Against Erosion District

APTIVA, Fla. — A towering artificial sand dune built along the beachfront of Captiva Island has sparked a legal fight between a longtime restaurant and the local agency charged with protecting the shoreline.

The Mucky Duck, a well-known beachfront restaurant on Captiva Island, filed a lawsuit on Dec. 8 against the Captiva Erosion Prevention District and its board of commissioners. The suit argues that a nearly 12-foot dune constructed as part of a beach renourishment project was built illegally and has caused significant harm to the business.

Dune Built for Storm Protection

The Captiva Erosion Prevention District says the dune was designed to protect the island from hurricanes, storm surge and rising seas. Officials said the structure was intentionally built about 1 to 2 feet higher than Captiva’s historic dune levels.

According to the district, the design relied on FEMA flood maps and recommendations from a 2023 coastal engineering study. The goal was to create a barrier capable of withstanding stronger and more frequent storms as sea levels continue to rise.

Sand placement is still underway along parts of the island. Future phases of the project include planting dune vegetation and adding designated beach walkways.

Restaurant Says View Was Taken

For the Mucky Duck, the dune represents more than coastal protection. The restaurant says the sand wall blocks its signature sunset view of the Gulf of Mexico, a feature that has defined the dining experience for decades.

Standing on the restaurant’s patio, the water is no longer visible. From the beach, only the roof of the building can be seen above the sand.

“It’s a shock for everybody who has known the Duck for all these years,” said owner Andreas Bieri. “We've been known for one thing. Besides a good cheeseburger and a good grouper sandwich, it’s the view. It’s the sunset."

The Mucky Duck has been rebuilding after damage from back-to-back hurricanes. The lawsuit claims the dune amounts to an unconstitutional taking and a private nuisance under the U.S. and Florida constitutions.

$10.5 Million Damages Sought

The complaint lists 12 claims and requests a jury trial. The restaurant is seeking at least $10.5 million in damages, along with unspecified special damages, declaratory relief, injunctive relief and other remedies the court may allow.

Visitors and residents have expressed mixed reactions. Some say the dune changes the character of the island.

“As long as that sand wall is there, Captiva is going to be a different experience,” said Collier Kirkham, who has vacationed on the island for 15 years. “We’re not totally sure we’ll be coming back."

Others say the protection may be necessary.

“I understand it, I mean, you'd like it to be more flat, but at the same time, you understand you have to protect property and people,” said frequent visitor Scott Burdine.

District Open to Data-Driven Changes

The erosion district said it may consider modifications to the dune in the future, but only if additional engineering data supports changes.

For now, officials say the sand will remain in place. The legal dispute moves forward as Captiva balances coastal protection with the views that made the island famous