VOLUSIA COUNTY, Fla. — Belvedere Terminals, the company behind a proposed fuel terminal near Ormond Beach, has filed a lawsuit against Volusia County over a moratorium on heavy industrial development.

If approved, the moratorium would prevent the company from submitting a site application for the fuel terminal and halt development.

What You Need To Know

  • On Nov. 21, the Volusia County Council unanimously passed a motion to impose a nine-month moratorium on site development applications for properties zoned I-2 Heavy Industrial

  • Belvedere Terminals is suing the county and requesting the moratorium be declared a “legal nullity”

  • County officials said they are aware of the lawsuit and are reviewing the complaint

  • The final vote on the moratorium is expected to take place at the Volusia County Council meeting on Feb. 6

On Nov. 21, the Volusia County Council unanimously passed a motion to impose a nine-month moratorium on site development applications for properties zoned I-2 Heavy Industrial.

Soon after, Belvedere Terminals submitted a site application to construct a multi-million-gallon fuel terminal at 874 Hull Road near Ormond Beach. However, the county said their Nov. 21 motion “stops the processing of site plan applications in unincorporated I-2 zoned areas, preventing the submission of a development application for properties zoned as I-2.” 

Ultimately, the county is not processing Belvedere’s site application due to the impending moratorium. In order for the moratorium to go into effect, it must be approved by the Volusia County Council at their Feb. 6 meeting.

Until then, the county is operating under the “Pending Ordinance Doctrine” to not review any heavy industrial site development applications. 

Belvedere Terminals has sued the county, saying its lawsuit “results from a deliberate and concerted effort by the County Council to rob Belvedere of its Property and constitutionally protected rights.”

In the lawsuit, Belvedere requests the court declare “the Nov. 21 ‘moratorium’ a legal nullity due to failure to comply with the Volusia County Code, Florida Statutes, and the constitutional rights of Plaintiff.”

The company also said that, “the ‘Pending Ordinance Doctrine’ does not allow a pre-moratorium or illegal moratorium without due process, like the one the County purports is in effect.”

In a statement made to Spectrum News 13, county officials said they are "aware of the lawsuit filed by Belvedere Terminals Company, LLC. We're reviewing the complaint and have no further comment at this time.”

The final vote on the moratorium is expected to take place on Feb. 6 during the county council meeting. The meeting will be held at 9 a.m. in the County Council Chambers at the Thomas C. Kelly Administration Center at 123 W. Indiana Ave., in DeLand.

Reagan Ryan is a 2023 — 2024 Report for America Corps Member, covering the environment and climate across Central Florida for Spectrum News 13. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on under-covered issues.