Developer sues Sarasota County to build houses next to bird sanctuary

A long-running battle over a proposed subdivision next to Celery Fields has taken a new turn, with D.R. Horton walking away from arbitration and suing Sarasota County instead. 

The Arlington, Texas-based homebuilder had been in a resolution process with the county meant to avoid a lawsuit after its plans were rejected. 

But it abruptly cancelled an arbitration hearing scheduled for April 27 and filed a lawsuit in Sarasota County Circuit Court late last week. 

The move is the latest in a series of attempts to develop housing next to the former celery farm, which is now a 400-acre restored wetlands park, regional stormwater facility and beloved bird sanctuary east of Interstate 75.

D.R. Horton, which calls itself “America’s largest homebuilder,” initially proposed building 170 houses on a site adjacent to Celery Fields, then amended it to 126 before scaling it back to 85 homes. Each version was rejected by county officials during contentious public meetings, where residents and environmentalists warned the project would doom a birding sanctuary that provides habitat for more than 250 different species and draws tens of thousands of visitors each year.

In a Friday memorandum to the commission, County Administrator Jonathan Lewis said unless otherwise directed, his office will defend the board’s decision to reject the development.

Representatives from D.R. Horton’s Sarasota-Manatee office did not respond to a request for comment for this story.

Sarasota County also declined comment, citing pending litigation.

Jacob Schumer, D.R. Horton’s attorney in Winter Gardens, wrote in a letter to the Sarasota County Commission on Thursday that his client hoped to reach a resolution on the development after “significant concessions” were made, but the county’s refusal to budge left them “no choice” but to file a lawsuit.

D.R. Horton first proposed transforming the land, known as Smith Farm, into 170 homes in late 2023. To do so, the builder needs Sarasota County to rezone the property to allow for residential single-family development. 

The company then downsized the project to 126 homes, but that proposal was unanimously rejected by the Sarasota County Commission amid public outcry. The following October, D.R. Horton returned with a proposal following the arbitration process, but that too was shot down.

Commissioners cited concerns that much of the development would be in a flood plain that was underwater following Hurricane Debby in 2024.

Celery Fields has been the county’s primary drainage wetland for flood control since the early 1990s. Numerous bird species began to settle in the new habitat, and the area became one of the most popular birding sites in Florida.

Advocates have said they hope Sarasota County will purchase Smith Farm and expand Celery Fields. Sarasota Audubon began work last year on a project to “re-wild” the land to expand the habitat eastward.

Christian Casale is a local government/politics reporter for Suncoast Searchlight. Email him at christian@suncoastsearchlight.org.