Law firm that sued Volusia County over fuel terminal represents county growth commission

Mark Harper, Daytona Beach News-Journal
Updated ·3 min read
Volusia County Council Chairman Jeff Brower, shown at a meeting in 2023, is asking questions about a potential conflict of interest on the part of the GrayRobinson law firm, which represents both the Volusia Growth Management Commission and Belvedere Terminals, which is suing the county.
Volusia County Council Chairman Jeff Brower, shown at a meeting in 2023, is asking questions about a potential conflict of interest on the part of the GrayRobinson law firm, which represents both the Volusia Growth Management Commission and Belvedere Terminals, which is suing the county.

GrayRobinson, P.A. sued Volusia County on behalf of the company that wants to build a fuel terminal near Ormond Beach because the county decided to put a moratorium on the proposed development site.

GrayRobinson also represents the Volusia County Growth Management Commission, a board that attempts to smooth over disputes between Volusia cities over land uses and development.

The chairman of the Volusia County Council, Jeff Brower, is concerned this might pose a problem.

"I am deeply troubled by what may constitute a serious conflict of interest," he wrote in a letter to County Attorney Michael Dyer.

Attorney Heather Ramos of GrayRobinson said there is no conflict. GrayRobinson has represented the Growth Management Commission since 1985.

"It is a separate legal entity, and has a board of representatives appointed by each municipality in the county, and other representatives appointed by the county," Ramos wrote in an email Thursday. "It reviews and certifies comprehensive plan amendments."

GrayRobinson, which started in Orlando, was cofounded by Charles Gray, a longtime DeBary resident in 1970. It has grown into a full-service law firm with nearly 250 attorneys in 13 Florida cities and a lobbying firm in Washington, D.C.

What constitutes a conflict?

People leave the Volusia County Council chambers on Tuesday night after the council voted in support of a moratorium on development at 874 Hull Road and other properties zoned as heavy industrial. Some people wore T-shirts in opposition to a proposed fuel farm.
People leave the Volusia County Council chambers on Tuesday night after the council voted in support of a moratorium on development at 874 Hull Road and other properties zoned as heavy industrial. Some people wore T-shirts in opposition to a proposed fuel farm.

In his letter to Dyer, Brower cites Florida Bar Rule 4-1.7, which reads in part: "a lawyer must not represent a client if the representation of one client will be directly adverse to another client ..."

As is the nature of law, there is an exception.

The Florida Bar allows a lawyer to represent two opposing clients if the lawyer believes that he or she will be able to "provide competent and diligent representation" to both, and that the representation of one client won't limit service to the other. And, the attorney makes both parties aware of the situation and gets informed consent.

Belvedere Terminals Company LLC is the St. Petersburg company that sued Volusia County over the development moratorium. Brower, in his letter to the county attorney, noted that he considers Belvedere's plan "directly adverse" to Volusia County and the residents near the proposed Hull Road location.

And because GrayRobinson represents Belvedere, Brower wrote: "Volusia County is now harmed by GrayRobinson."

He noted he had not seen any informed consent given by the county to GrayRobinson to represent Belvedere, nor had he heard of any communication from the firm alerting the county to a potential conflict.

Where questions arose

Libby Lavette, a Tallahassee environmental activist and former Volusia County resident, made a public records request to the county for records related to the county and growth management commission's retention of GrayRobinson. Volusia County provided her with documents after the initial publication of this story Thursday afternoon.

There were no waivers.

The county hired GrayRobinson in 2020 to help defend against a lawsuit brought by a construction company involved with the Veterans Memorial Bridge. The lead attorney working with Volusia, William McFetridge, left GrayRobinson to join a different firm, Johnson, Pope, Bokor, Ruppel & Burns of Tampa, in 2022. The county then hired the Johnson, Pope firm to continue working with McFetridge.

The Volusia Growth Management Commission's 2023-24 contract with GrayRobinson was also provided. In it, Ramos wrote: "GrayRobinson shall not undertake any representation of other clients which may result in a conflict of interest, without first obtaining written informed consent from each affected client."

Lavette said she noticed that GrayRobinson was mentioned on the Growth Management Commission agenda for its meeting Wednesday, and she recalled the Belvedere lawsuit.

"That raised a real red flag with me," said Lavette, whose daytime job is working as a paralegal.

Volusia County's community information director, Michael Ryan, said Thursday that the county is "examining these matters."

Correction: A sentence has been changed since initial publication of this story to reflect that GrayRobinson, the firm, has represented the Volusia Growth Management Commission since 1985.

Bills on Local Control: Florida environmentalists oppose Senate bills they say could clear way for fuel terminals

This article originally appeared on The Daytona Beach News-Journal: Volusia chair questions law firm on potential conflict of interest