A group of nearly two dozen Volusia County households filed a lawsuit Wednesday against multiple real estate developers and managers, claiming that stormwater drainage mismanagement led to frequent and severe flooding in their neighborhoods.
The civil action lists 23 addresses and 36 homeowners, all in the Miller Lake area of Orange City, who retained the legal services of Morgan & Morgan’s Business Trial Group. According to the complaint, the defendants’ 10 land developments, including their installation of drainage systems, have increased stormwater flow onto the residents’ properties.
“Our clients have been living in a nightmare for months. The lawsuit alleges that it is the development and mismanagement of drainage systems by the commercial properties surrounding their homes that have caused this. Months after Hurricane Milton, the water levels remain high, and these homeowners are left wondering if their homes will survive another hurricane season,” said Founder John Morgan in a statement.
Attorney Jack Taylor said the firm is conducting an investigation but have found enough evidence of negligence, stating that land developers and managers, enabled by Volusia County and the Florida Department of Transportation, have been “dumping” water onto the homeowners’ properties, effectively using residential land as an unapproved drainage basin, causing floods.
The lawsuit asks for damages, losses, mental distress, health hazards, and expenses incurred for stormwater mitigation, among other claims.
“This flooding is a property rights issue,” he said. “Everybody has a right to own their own property and not have it interfered with by the government or other people. So that's what we're here fighting for, their right to exist on their property.”
Taylor listed some of the damages listed in the claims, including a 10-acre horse farm — now completely underwater, along with playgrounds, cars, and trucks — where one horse became sick and two other horses died. Also, the residents were water locked in their homes, their roads inaccessible to waste management or emergency services and first responders. Families had to stay with their children in trailers and other places to have proper bathroom access, as septic tanks were not functional or sanitary.
Taylor said the issue dates back to 2013, when adjacent developments started causing an imbalance in water levels, which have remained high, causing damages to septic tanks and water wells. But the costs extend beyond the material, he said — the families’ “heartbreaking” stories show they’ve also endured a great emotional toll.
“The Emersons told their story about how.. a couple of days after Milton.. their daughter had an emergency, where she needed to be transported to the hospital. The county landed a helicopter, but they couldn't get to her because her road was closed, and so one of the neighbors — they got to him through a chain of phone calls — he actually came over, and he carried her through chest-high water to the paramedics,” Taylor said.
Taylor said cases like these are not outliers – they are increasing in frequency.
“More and more we're seeing that stormwater management is becoming a serious topic,” he said.
The firm has also filed a notice of tort, a letter claiming Volusia County is also liable for their mismanagement of stormwater into Miller Lake, which led to rising water. The document is required by law, as governments have immunity by design. The county has six months to respond before being included in the actual complaint.
A spokesman said the county does not comment on pending or potential litigation.
As the plaintiffs head into the new storm season, filled with anxiety and higher levels of water than ever before in their saturated grounds and lake, they have been pouring thousands of dollars into their properties just to prepare, Taylor said. The firm is still running studies and adding numbers, seeking compensation for past damages but also current incurring expenses.
The lawsuit defendants are AP Orange City, LLC; Northland Grandeville, LLC; Treemonte Declarant Property, LLC; L. Hudson Orange, LLC; Royal Oaks Professional Centre, LLC; Pin High Holdings, LLC; Ted Glasrud Associates of FL, Inc.; Millstone Commercial, LLC; Orange City Center, LLC; and Four Townes, LLC.
Central Florida Public Media attempted to reach out to the defendants. Some did not have contact info, others did not immediately respond.
Lillian Hernández Caraballo is a Report for America corps member.
