I believe we made some points on appeal that are reversible. There was some evidence the hearing officer refused to consider that was relevant. Zimmerman said most cases like this are handled at the administrative level, as provided by under Chapter 121 of the Florida Statutes. He said one reason the case has taken three years is that all parties agreed to delay proceedings pending a traffic study. Those who oppose the store's construction along U.S. 17 just north of the U.S. 92 intersection have said the store location would cause traffic backups along Woodland Boulevard and Amelia Avenue.
City officials disagree.
Zimmerman noted that the Department of Community Affairs, which originally opposed the Wal-Mart project, changed its position after the traffic study was completed. In addition to his current appeals, Watts said he's also asking Department of Transportation officials to notify him if they handle any driveway connection permits concerning the store's proposed location. They came in from the back, where there is no street, to annex it. North U.S. 17 running to the property is in unincorporated Volusia County. He said DeLand's police and fire departments would not be able to travel to the store, if it is built, without leaving city limits.