- October 9, 2024
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Belvedere Terminals' request for a temporary injunction aimed at forcing Volusia County to process its site plan application for a fuel farm near the city of Ormond Beach was denied by a judge on Tuesday, Jan. 30.
Volusia County Circuit Judge Dennis Craig based his denial on his opinion that Belvedere Terminals' legal representation failed to show that the company's site plan had a substantial likelihood of success on the merits, that the "pending" moratorium would cause irreparable harm, and that there was inadequate remedy at law.
"We're pretty much at the beginning of the case," Craig said. "Keep in mind that a temporary injunction is an extraordinary remedy, and given the fact that defense really wasn't technically ex parte but really had a very short time to turn around and come to the hearing today. We had given the courtesy to the plaintiff to have this heard before Feb. 6."
Belvedere Terminals attempted to submit a conceptual site plan application to Volusia County in December 2023, but the county refused to process it due to the pending moratorium, leading Belvedere Terminals to file suit against Volusia County on Jan. 2, alleging a "deliberate and concerted effort by the County Council to rob Belvedere of its property and constitutionally protected rights."
Two days later, the County Council was set to vote on the moratorium to halt development for all properties zoned I-2 "Heavy Industrial" on Jan. 4. The vote was postponed until Feb. 6.
Belvedere Terminals filed an ex parte motion (which doesn't require all parties to be present) for temporary injunction on Jan. 22. The motion asked the courts to hold the pending moratorium "invalid" and direct the county to process the fuel terminal's site plan application. The motion stated that the existing I-2 zoning classification is a matter of right and that the County Council is prohibited from interfering with the duties of county staff, according to the Volusia County Charter.
"Certain members of the County Commission [sic] have made multiple and semi-private comments making clear that they will stop at nothing to prevent the development of this project," the motion by Belvedere Terminals stated. "Absent injunctive relief, the county will continue to refuse to review Belvedere's properly submitted site plan application while the county prepares ex post facto ordinances to attempt to further and more permanently deprive Belvedere of its property and other constitutional rights."
Volusia County was present at the hearing on Tuesday, having received notice of the hearing. Deputy County Attorney Kevin Bledsoe said that the motion for a temporary injunction came before the county had a chance to respond to the lawsuit Belvedere Terminals filed.
"We were just served two weeks ago," Bledsoe said. "We do expect to prevail if this lawsuit goes to trial."
Volusia County also filed a motion to disqualify law firm GrayRobinson from representing Belvedere Terminals in the lawsuit, citing a potential conflict of interest. GrayRobinson has served as the general counsel for the Volusia Growth Management Commission since 1986.
The VGMC is the agency responsible for approving county and municipal comprehensive plan amendments.
Craig denied the county's motion without prejudice. If the county can establish that the VGMC will play a role in the fuel farm issue, the county can submit a motion to revisit the issue.
