- May 1, 2024
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Volusia County filed a motion to disqualify GrayRobison from representing Belvedere Terminals in its lawsuit against the county on Friday, Jan. 26, citing a potential conflict of interest as the law firm has served as the general counsel for the Volusia Growth Management Commission for almost 40 years.
The VGMC, the agency responsible for approving county and municipal comprehensive plan amendments, met on Wednesday, Jan. 24, to briefly discuss increasing funding for GrayRobinson's legal counsel from $25,000 to $90,000 in the 2024-2025 fiscal year, a matter scheduled to come before the group for a vote at their meeting on Feb. 28. GrayRobinson has served the VGMC since 1986, according to a county press release about the motion to disqualify the law firm.
"In the motion, Volusia County argues that GrayRobinson's representation of Belvedere Terminals conflicts with its duty to provide unbiased counsel to the Volusia Growth Management Commission as the legal firm is concurrently challenging the county's land development authority and the firm's dual role compromises the impartiality required in reviewing the county's submissions to the VGMC," the press release states.
The county funds the VGMC, which includes paying its legal fees, the motion states. As part of the contract, GrayRobinson agreed not to represent other clients which could result in a conflict of interest without first obtaining written informed consent from affected clients and the VGMC. The VGMC did not provide consent for GrayRobinson to represent Belvedere Terminals in its lawsuit against the county.
Belvedere Terminals filed 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." The company is seeking to construct a fuel terminal near the city of Ormond Beach at 874 Hull Road.
The County Council was set to vote on a moratorium to halt development for all properties zoned I-2 "Heavy Industrial" on Jan. 4. The vote was postponed until Feb. 6. Belvedere Terminals attempted to submit a conceptual site plan application in December 2023, but the county refused to process it due to the pending moratorium, leading Belvedere Terminals to file the lawsuit, using GrayRobinson as its legal counsel.
"The conflict is further highlighted by accusations from Belvedere and GrayRobinson alleging the county's violation of the comprehensive plan and bad faith that could bias the Volusia Growth Management Commission decision-making process while GrayRobinson is concurrently serving as an advisor," the county press release states. "Volusia County’s motion emphasizes the importance of maintaining and respecting the integrity of the legal process and public trust, especially given concerns raised over GrayRobinson's simultaneous representation and the agency’s ability to legally and dutifully serve two potentially opposing clients."
On Jan. 22, Belvedere Terminals filed an ex parte motion for temporary injunction in its lawsuit against the county to hold the pending moratorium "invalid" and direct the county to process the fuel terminal's site plan application. The motion states 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 states. "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 responded to Belvedere Terminal's motion on Friday, Jan. 26, objecting to the hearing and stating that the company filed to seek relief through the injunction before the county responded to its lawsuit pursuing the same outcome — the processing of its site plan.
"Without coordinating with opposing counsel, Belvedere scheduled a one-hour hearing to unilaterally request the same remedy sought in its declaratory action," the county's response states. "That's not how lawsuits work."
The county argued it can refuse to accept site plan applications while considering changes to its I-2 zoning classification.
The hearing is scheduled for 1:30 p.m. on Tuesday, Jan. 30, at the Daytona Beach Courthouse Annex at 125 E. Orange Ave.
