DEBARY, Fla. — DeBary residents are fighting a proposed Walmart store by asking the city to limit the number of retail hours so it can't stay open for 24 hours.
The location off of US 17-92 is surrounded by hundreds of homes whose occupants said that if they can't stop the store that they'd like to limit its hours.
Surrounding homeowners asked a judge to reconsider the project, but lost in court.
"I've been asking for concessions right from the second meeting," resident Bob Forsythe said.
Forsythe said he supports the proposal to ban 24-hour shopping in the city because he's worries about increased traffic and possible crime.
"They're not getting exactly what they want. We're not getting exactly what we want. But could it coexist? I think that would work," Forsythe said.
DeBary Mayor Clint Johnson said there are only two stores open 24 hours, both gas stations, and that nothing is in writing so a proposal could be worded in a way that they're not impacted.
"I'd be interested to see what kind of business they actually generate there. I don't know that there's necessarily the market to sustain 24-hour businesses," Johnson said.
Johnson said any restrictions would have to apply to all retail stores. He showed a 1977 opinion from the Attorney General's Office that said some courts have upheld time limits and others haven't.
"If there's a compromise that's willing to be had, I'm willing to work with them and fight for them," Johnson said.
An attorney representing the developer said he had no comment.
Johnson said the city will discuss the proposal and look at options at a meeting next week.
WFTV
