Residents say Dewar's Nursery runoff battered Wolf Branch; commissioners ask county attorney to explore legal options

Jim Timberlake, a Mount Dora resident, told the Lake County Board of County Commissioners on Nov. 18 that runoff from Dewar’s Nursery has repeatedly sent large volumes of water down to Wolf Branch Road, washing out roadways and causing substantial damage to homes.

Timberlake described aerial photos and on-the-ground videos showing ponds overtopping and a “sand delta” deposited across private yards. “No one has the right to damage another person's property,” he said, urging the county to seek reimbursement for taxpayer infrastructure repairs and for residents’ property losses.

The board heard similar testimony from Jose (Joey) Benitez, whose home was condemned after erosion undermined its foundation; Benitez said he and his family evacuated and are living in a camper. County staff showed engineering slides and contour maps indicating flow paths from the nursery ponds that converge and head toward Wolf Branch, and described a site visit where county staff observed vegetative debris lines at the top of the pond berms.

Jennifer Barker, the county manager, said the county had previously met with nursery representatives and the St. Johns River Water Management District after earlier flooding and that the nursery installed pumps to move water between ponds. Barker cautioned that some sheriff and county services are countywide and not subject to local carve-outs, but supported pursuing legal advice. “We will ask outside counsel to look at it and give us an idea of what causes of action we might be able to pursue,” she said.

Commissioners discussed civil nuisance, the limits of local authority given agricultural use and Water Management District permits, and whether a court process or negotiated settlement would be more effective at compelling structural improvements or reimbursement. Multiple commissioners said they supported retaining outside counsel to evaluate options, while emphasizing the need to separate civil-claims strategy from engineering remedies.

The county directed the county attorney’s office to consult water-law counsel and report back with options that could include civil claims to recover road repair costs and measures to protect residents.

The county also noted parallel policy work to consider stricter local stormwater regulations and to pursue rule changes with the water management district to address reuse-based stormwater systems and other site‑specific design concerns.

What happens next: county staff will compile engineering evidence, consult outside counsel about potential causes of action, and keep affected property owners apprised of next steps.