Developers of Tomoka Reserve have sued 12 Ormond Beach residents who opposed turning the former Tomoka Oaks golf course into a subdivision, alleging the fight cost them money and that association resources were used to press it.
What the Lawsuit Alleges
The developers accuse the 12 residents of breach of fiduciary duty for using homeowners association funds on the appeal. The complaint alleges that HOA assets were used to pursue litigation against them.
It also says the residents "have actively opposed" efforts to secure zoning and development rights for the 147-acre golf course property, and that the opposition caused the developers monetary damages. The reporting does not put a dollar figure on those claimed damages.
The Approval Appeal
The Tomoka Oaks Homeowners Association and residents filed an appeal of the city's approval of the development, Observer Local News reported in May.
The City Commission approved a development order in March on a 3-2 vote.
254 Lots, After a Moving Target
The proposal calls for 254 single-family lots on approximately 147.9 acres. The approved development order also calls for 254 lots, following earlier proposals of 276 and 272.
The number has not moved in a straight line. An earlier plan was described as a 272-home gated community on the former course. In a 2023 account, the developers were said to have scrapped that plan on Nov. 21 in favor of zoning that would allow up to 317 house lots, according to a report circulated by Cyber Citizens For Justice. The order the commission later approved landed back at 254.
That same 2023 account drew a sharp contrast on buffers. The 272-lot proposal was described as calling for a landscaped perimeter buffer of at least 50 feet. Under the R-2 zoning the developers were then pursuing, the account said, they would only have been required to create a six-foot-wide perimeter buffer. That was a description of a zoning path, not of the order the commission approved in March.
Neighborhood opposition showed up in the hearing room before any of this reached a judge. Hometown News Volusia reported that more than 200 people attended a commission meeting on the earlier plan, and that 24 of the 27 residents who spoke opposed it. Two spoke in favor.
Traffic, Water and a Smaller Build
Residents have raised traffic concerns about the proposed development.
Some residents have called for fewer homes on the land.
The Developers' Description of the Plan
News 6 emailed the developers' attorney seeking comment.
