Courtesy of The Orlando Sentinel
Published May 14, 2015
DEBARY -- Homeowners in Volusia County are going to court
to try to keep a Walmart out of their neighborhood.
The group is suing the city of DeBary over the approved development on the
corner of North Pine Meadow and U.S. 17-92.
They said it will bring too much traffic to the area.
At rallies and public meetings, neighbors have voiced their concerns about
traffic, devalued property and deforestation. But the city council approved
the development anyway.
Now, the Glenn Abbey Club Homeowners Association is suing the DeBary City
In a hearing Monday morning, a lawyer representing the HOA said the city's
comprehensive plan does not allow for big box stores at the property, and he
complained that people were denied the right to speak at public meetings.
"They paid no attention. They could care less. It was only an up or down
vote. We want this project or we don't. We don't care if residential low
density is next door. We don't care whether the comprehensive plan is
inconsistent. That doesn't matter,” Stanley Townsend said.
An attorney for the development argued the comprehensive plan is not a
zoning code, and he said there have been five public hearings and plenty of
chances for the public to speak their minds.
"There can be any number of zoning districts that would be appropriate and
permitted within that land use designation by the comprehensive plan,” Alex
The development includes a gas station, strip mall and 44,000-square-foot
The judge hasn't made a ruling yet.