Twenty-three current or former property owners in the Miller Lake area of Orange City filed a lawsuit Wednesday against 10 commercial property owners, alleging the developers contributed to homeowners’ flooding woes.
“Plaintiffs bring this action to stop the continued intrusion of stormwater, to repair the harm already caused, and to reinforce a basic principle of Florida law: one property owner may not use another’s land as a drainage basin,” reads the lawsuit’s preamble.
Attorney Jack Taylor, of the law firm Morgan & Morgan, is representing the plaintiffs. The firm filed the 234-page lawsuit, including attachments, in Volusia County Circuit Court.
The lawsuit alleges that the defendants failed to maintain drainage systems in the area, which resulted in the flooding of the homeowners’ properties, according to the firm. This has led to property owners spending “thousands” of dollars to protect their homes.
Hurricane Milton in October of 2024 led to severe flooding at homes surrounding Miller Lake. Ongoing high-water levels have damaged properties including septic tanks and water wells.
“Our clients have been living in a nightmare for months,” according to a prepared statement from John Morgan, founder of Morgan & Morgan, and Taylor. “The lawsuit alleges that it is the development and mismanagement of drainage systems by the commercial properties surrounding their homes that have caused this.”
What’s referred to as Miller Lake has been known historically as Miller Pond, according to the lawsuit. It’s different from Miller Lake in DeLand.
The defendants in the lawsuit are: AP Orange City LLC, Northland Grandeville LLC, Treemonte Declarant Property LLC, L. Hudson Orange LLC, Royal Oaks Professional Centre LLC (no longer active), Pin High Holdings LLC, Ted Glasrud Associates of FL Inc., Millstone Commercial LLC, Orange City Center LLC and Four Townes LLC.
Property owners also blame Volusia County government officials for flooding issues. They have filed a notice of tort claims against the county and allege that “the county’s mismanagement of Miller Lake has led to the rise of stormwater, persistent flooding, and damage to homes near Miller Lake.”
County spokesman Clayton Jackson said in an email to the News-Journal, “Unfortunately, we cannot comment on current, pending, or threatened litigation matters.”
This article originally appeared on The Daytona Beach News-Journal: Group of Volusia County property owners blame developers for flooding, file lawsuit
Reporting by Sheldon Gardner, Daytona Beach News-Journal / The Daytona Beach News-Journal
USA TODAY Network via Reuters Connect
