The owners of 278 acres proposed for a development called Alexander Woods lost their lawsuit against the DeBary City Council on Friday.
Circuit Court Judge Margaret Hudson ruled that Steven Costa’s rights were not violated when the City Council denied his request to rezone his family’s property, which nearly surrounds the Meadowlea-on-the-River mobile-home park.
The property owner, Empire Cattle Co., originally wanted to put 378 single-family homes and 222 town homes near Konomac Lake.
Meadowlea residents opposed the project because of traffic and drainage concerns. The council said the proposed project, which would be built by Centex Homes, was too dense. It denied the company’s request to rezone the land from rural-agricultural to residential planned-unit development.
When the council refused to hear a new zoning request for a modified development of 450 single-family homes in March, Empire Cattle sued, complaining that it was not given due process before the revamped zoning request was turned down.
Hudson ruled Friday that the council did not have to give the developers a written explanation for rezoning denial. She also said that there was no proof that DeBary’s denial was arbitrary or discriminatory.
Mark Watts, Empire Cattle’s attorney, could not be reached for comment on Friday.
