DeBary says Spring Vista school would violate city plan; issues cease-and-desist to Volusia schools

The City Manager of DeBary said April 28, 2025, that the City of DeBary has issued a cease-and-desist letter demanding that Volusia County Schools stop designing, engineering or constructing a school at the Spring Vista site because doing so would violate a statutorily required interlocal agreement and the city's comprehensive plan.

The move follows a Jan. 15, 2025, quasi-judicial hearing in which the City of DeBary's City Council, the manager said, determined the Spring Vista site was inconsistent with the city's comprehensive plan. Despite that finding, the Volusia County School Board voted 4-1 on April 22, 2025, to purchase the Spring Vista property for $8,400,000 and, according to the City Manager, has begun design and engineering work.

The city's position, as stated at a city press conference by the City Manager and announced by Carmen Rosamunda, Information Officer for the City of DeBary, is that the council's January decision is final because the school board did not file a circuit-court appeal within the 30-day period described in state law. "Trying to build a school on this site will violate our statutorily required interlocal agreement and Florida law concerning the city's comprehensive plan," the City Manager said.

Why it matters: The city says the interlocal agreement and state statute limit local review to plan consistency, environmental concerns, health, safety and welfare and effects on adjacent property, and that development on school-district-owned land within a municipality must comply with the municipality's comprehensive plan. The City Manager cited three attorney general opinions during remarks and said those opinions uphold the principle that school boards must comply with local comprehensive plans when siting schools.

Details from the press conference and follow-up questions

The City Manager said the city issued the cease-and-desist letter April 28, 2025, to avoid taxpayer spending on design and engineering for a site the city considers legally unavailable for a school. The City Manager also described a previously approved and acquired alternative: Volusia County Schools earlier purchased a separate 48-acre parcel in southern DeBary (the City Manager said the council approved that site on July 3, 2024, and the district closed on it on July 11, 2024, for $4,800,000). That 48-acre parcel, the City Manager said, contains roughly 10 acres of wetlands and will require fill and permitting work, but city staff and private developers have discussed ways to make that site work.

When asked whether the city would sue to stop construction if ground-clearing began, the City Manager said, "If indeed the school does want to break ground or clear the property, I will do my job and recommend to the city council that they will pursue further legal action to prevent the construction of that school on that site." The City Manager said decisions about litigation would be made by the city council and city attorneys.

Reporters asked about wetlands, the Volusia Growth Management Commission and timing of potential litigation. The City Manager said the city had not completed a wetland inventory for Spring Vista at the time of the conference but noted the Spring Vista acquisition is two parcels (described in remarks as approximately 23 acres and 6 acres) and that the smaller parcel includes a 2.84-acre drainage easement the city owns that may complicate development. The manager said he did not know how long a legal challenge would take and that the city attorneys and council would determine legal strategy.

The City Manager emphasized previous cooperation between DeBary and Volusia County Schools, citing a joint traffic project at DeBary Elementary and Highbanks Road that the city and school board split 50/50 for a $1,600,000 improvement to ease pick-up congestion and preserve emergency access. He said the city wants a school that is "beneficial not only to our kids, but also is compatible with our community." The City Manager said if the school is built on the 48-acre site, the city will work to make it "the best school" for the county and city.

Where to find records and next steps

The city posted copies of the April 28 letter, the interlocal agreement, maps and related materials on its website and made contact information available for follow-up questions. The City Manager said next steps will include counsel review and a council decision on whether to pursue further legal action if Volusia County Schools proceeds toward construction.

Ending

At the press conference, the City Manager framed the issue as one of legal process and community compatibility and said the city's objective is to protect the comprehensive-plan-based review it says is required. The city is seeking to prevent construction on the Spring Vista site while offering to cooperate on the previously approved 48-acre alternative. For documents the city cited, the City Manager directed the public to DeBary.org and provided an email contact (info@DeBary.org) for additional inquiries.