- February 4, 2026
A federal magistrate judge recently denied several counts in the City of Ormond Beach's motion to dismiss a lawsuit concerning the Tomoka Oaks golf course.
The judge issued an order on Jan. 23, stating in part that, as argued by the developers' attorney in one of the legal arguments, "it 'logically makes sense' to hold governments accountable for uncodified policies that may be applied arbitrarily and capriciously, and which are by their nature arbitrary and capricious." The city was directed to respond before Feb. 6.
City Attorney Randy Hayes said in an email to the Observer that the motions to dismiss are often a preliminary step in litigation.
"It’s high standard to get a favorable ruling because the court considers the pleadings in a light that is favorable to the non-moving party," Hayes said. "The ruling will not affect the city’s position and we will proceed to work the case up for trial unless the parties are able to agree to a resolution of the dispute."
The federal lawsuit was filed in late December 2024 at the U.S. District Court's Orlando Division. In it, the developers — Triumph Oaks of Ormond Beach I LLC — argue that the city violated their rights when they declared the Tomoka Oaks golf course property has no allowed uses by right and refused to both issue a new development order and approve a rezoning request.
During an April 2024 City Commission meeting, the developers asked to be rezoned from Planned Residential Development to R-2 “Single-family low density." This would allow a 300-home subdivision be constructed on the shuttered 147-acre golf course. The rezoning was unanimously denied; commissioners wanted the developers to submit a new site plan with less density — and one that was more in line with the existing Tomoka Oaks neighborhood, whose residents vehemently opposed the development.
"Plaintiff (the developers) alleges that the decision-making body sent its PRD application back multiple times and stated that it would be approved if certain changes or concessions were made in the application," the judge's order states. "When Plaintiff made those changes to its application, the decision-making body still stated that it would recommend denial of plaintiff’s application. ... Taking all inferences in favor of Plaintiff—which is required at the motion to dismiss stage—one inference that could be made from this course of events is that the Board did not in fact wish to approve the application."
The property's last development order — for the construction of townhomes and condos — expired in 2014, four years before the Tomoka Oaks golf course closed.
The developers bought the property in 2021.
Following the April 2024 denial, the developers filed an appeal with the Seventh Judicial Circuit of the City Commission's decision. This appeal is still ongoing and an evidentiary hearing is scheduled for Feb. 27.
The Observer reached out to Karl Sanders, the attorney representing Triumph Oak, but did not hear back in time for publication.
