Volusia County Homeowners Are Suing Developers Over Devastating Flooding, and Morgan & Morgan’s Jack Taylor Leads the Fight

For months, dozens of homeowners in the Miller Lake area of Orange City, Florida, have faced a nightmare of unrelenting flooding that has damaged their properties, compromised their septic tanks and water wells, and left them with mounting repair bills. 

Now, they’re fighting back—with the help of Morgan & Morgan’s Business Trial Group and attorney Jack Taylor.

On behalf of 23 current and former property owners, Taylor has filed a major lawsuit in Volusia County Circuit Court against 10 commercial developers. The lawsuit alleges that the defendants failed to properly maintain and manage drainage systems, contributing to persistent flooding that has devastated nearby residential properties.

“Our clients have been living in a nightmare for months,” said Jack Taylor and Morgan & Morgan founder John Morgan in a joint statement. “The lawsuit alleges that it is the development and mismanagement of drainage systems by the commercial properties surrounding their homes that have caused this.”

The Basis of the Lawsuit

At the heart of the lawsuit is a simple but powerful principle: under Florida law, no property owner has the right to treat a neighbor’s land as their own drainage basin.

According to the 234-page lawsuit and supporting documentation, the commercial developers named as defendants allegedly failed to adequately plan for or maintain stormwater management systems around the Miller Lake neighborhood. This negligence, the suit claims, allowed stormwater to overflow into residential properties, particularly during and after Hurricane Milton in October 2024.

In legal terms, the plaintiffs are seeking to stop the continued intrusion of stormwater, repair the harm already done, and enforce accountability for the developers’ actions. Many of the homeowners involved have already spent thousands of dollars trying to mitigate the flooding damage and protect their homes from further harm.

The Impact on Homeowners

The flooding has been more than an inconvenience. Persistent high water has compromised basic infrastructure such as septic tanks and private water wells, creating serious health and safety concerns. In many cases, residents are dealing with standing water on their properties for extended periods, creating a breeding ground for mold, bacteria, and mosquitoes, along with a host of structural concerns.

The area around Miller Lake (historically known as Miller Pond, and not to be confused with a different lake of the same name in DeLand) has become increasingly vulnerable as development has expanded without adequate drainage support.

Legal Action Against Volusia County

In addition to suing private developers, the homeowners have also filed a notice of tort claims against Volusia County, asserting that local government mismanagement of the lake and surrounding stormwater infrastructure has exacerbated the flooding.

“The county’s mismanagement of Miller Lake has led to the rise of stormwater, persistent flooding, and damage to homes near Miller Lake,” the plaintiffs allege in the filing.

When asked for comment, a Volusia County spokesperson responded: “Unfortunately, we cannot comment on current, pending, or threatened litigation matters.”

A Call for Accountability

This case spotlights the responsibility of developers and local governments to protect the communities that surround them. As Florida continues to grow, proper infrastructure planning and drainage management are important to prevent property damage and maintain public safety.

Morgan & Morgan’s Business Trial Group is committed to holding developers and municipalities accountable when their actions or inactions cause harm to everyday people.

If you or someone you know has been affected by flooding caused by development, stormwater mismanagement, or government negligence, Morgan & Morgan may be able to help. Our attorneys have extensive experience representing property owners in complex litigation, and we never charge upfront fees. Our Fee Is Free®, and you only pay if we win.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.