- May 17, 2024
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Ormond Beach has sued Flagler County, but the county government hopes it can still avoid litigation by invoking a state law intended to help keep local governments from suing each other.
Ormond opted to file suit against Flagler County and Hunter's Ridge developer U.S. Capital Alliance on Oct. 27, alleging that the developer violated the Hunter's Ridge development agreement by granting Flagler County a roadway easement through Ormond Beach land that was supposed to be set aside for conservation. The city is also planning to deny utility service to new homes on the Flagler County side of Hunter's Ridge. The development crosses the Flagler-Volusia county line.
On Oct. 25, just two days before deciding to sue, Ormond had proposed a 60-day timeframe for the parties to find a solution, so the lawsuit caught Flagler County by surprise, Flagler County Deputy Attorney Sean Moylan said.
But there might be a way to avoid going to court, he told county commissioners at a Nov. 6 commission meeting.
Florida has a law called the Governmental Conflict Resolution Act.
"In Florida, the Legislature doesn't want governments suing each other, because the taxpayers ended up paying on both sides," he said. "... The city [of Ormond Beach] is required to go through the procedures of this act before filing the lawsuit, and they did not do that. The only way around the procedures is is if they were to find an immediate threat to health, safety and welfare or their legal interests and to make that finding on the record, which they did not do."
Ormond’s lawsuit alleges that the city “has suffered and continues to suffer irreparable harm” due to the developer’s alleged violations of the development order.
Moylan asked commissioners to agree to consider a resolution to invoke the Conflict Resolution Act during their next meeting.
"The resolution would be the first step that triggers the act," he said.
The county would send the city a letter by certified mail and file a motion in court informing Ormond that the county had filed the resolution. The court would then enter an order abating court proceedings until the requirements of the act are met, Moylan said.
Meetings would be scheduled between the county manager and the city manager, and the two sides would enter mediation proceedings that would be open to the public.
"It could potentially end up leading to a joint meeting of this county commission and the Ormond Beach City Council," he said. "And if all of that fails, then we would resort back to litigating, but obviously, we hope to avoid that. We think this is entirely avoidable."
Commissioners agreed to consider the resolution.
