DELTONA, Fla. – The City of Deltona asked a federal judge to toss out a lawsuit claiming it was responsible for flooding in the Stone Island community after Hurricane Ian hit in 2022.
The group of homeowners sued the city in April.
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According to the civil complaint, the water did not come from nearby Lake Monroe, but from the east, a result of the city opening a flooding control structure to alleviate the Lake Theresa Basin.
The lawsuit says the action sent “hundreds of millions of gallons of water to Stone Island.”
On Thursday, Dale Scott, an attorney representing the City of Deltona, filed a motion to dismiss the case.
Scott noted his disagreement with several legal issues, including the lack of a master plan attachment.
“The Complaint does not contain sufficient factual matter which, if accepted as true, states an inverse condemnation claim,” he wrote. “Moreover, the Complaint fails to allege facts to support any supposed permanency of an alleged flooding condition, or indicate the flooding is intermittent but will inevitably recur.”
It will be up to Federal Judge Leslie Hoffman to decide, and she has not indicated a timeframe for a decision to come down.
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