DEBARY, Fla. — The battle continued Monday over a planned Walmart grocery store in DeBary.
Attorneys for the city of DeBary and the residents against the Walmart presented their cases for more than two hours in a Volusia County courtroom. The hearing focused on two main issues: the zoning for the proposed Walmart and whether residents were given due process.
In February, DeBary's city council narrowly approved rezoning 18 acres at US 17-92 and Pine Meadow Drive for the proposed grocery store. But the decision did not sit well with the project's opponents, who argue the development doesn't align with the area's comprehensive plan.
"It's impossible then for this development to be consistent with the comprehensive plan," attorney Stanley Townsend said.
But an attorney for the city argued that the project wouldn't be feasible if it didn't fit in the comprehensive plan.
"We would not have processed the application if we had concluded it was not consistent with the comprehensive plan," DeBary attorney Doug Hall said.
The residents were expecting a YMCA to be built for the location, but the plan never moved forward, and then Walmart took its place. Many residents have voiced their concerns about the project.
“Why in the world do we possibly need another Walmart? We don't,” DeBary resident Jim Treme said. “There's an issue with increased crime, and that's something I'm really concerned about.”
"I'm here today because I don't believe the city followed due process. I believe our council has genuinely demonstrated that," DeBary resident Robert Knott said.
The city said that residents had the opportunity to attend multiple meetings before a decision was made.
"Almost more than 13 hours of the decision-making body, the city council, heard testimony from many, many people and many, many parties," DeBary attorney Kurt Ardimand said.
Supporters of the development said the project will increase shopping options and produce news jobs for the area.
According to court documents, the city’s attorney said some commercial development is allowed in the area and that the proposal was approved by three municipal bodies, making it a done deal.
The judge said he'll hand down a decision no later than June 8.
WFTV
