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Belvedere Terminals is suing Volusia County, citing a "deliberate and concerted effort by the County Council to rob Belvedere of its property and constitutionally protected rights" in its pursuit to construct a fuel farm near the city of Ormond Beach.
Belvedere filed the lawsuit on Jan. 2 — two days prior to the Jan. 4 County Council meeting where a vote regarding a moratorium on properties zoned I-2 "Heavy Industrial" was set to take place — alleging that the County Council, upon learning of the proposed fuel terminal at 874 Hull Road in unincorporated Volusia County, "began a crusade to stop Belvedere's project, as one council member put it, 'by any means necessary.'" The lawsuit comes after the county refused to process a conceptual site plan application in early December 2023, as the County Council had directed staff to enact a nine-month moratorium on properties zoned heavy industrial on Nov. 21, 2023, to allow the county to review the uses allowed in the zoning district.
"The county, in its confusion, has variously asserted either the moratorium took effect immediately at the November 21 meeting despite a lack of notice, due process, or other quasi-judicial safeguards or the county does not have to process the site plan because it is in the process of considering a moratorium and the 'pending ordinance doctrine' means it can pretend the moratorium is already in place (and refuse to process the site plan application) while it passes an actual moratorium," the lawsuit states.
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