Titusville environmental group wants appeals court to rethink its rejection of clean-water charter amendment
A Titusville environmental group has filed a motion for a rehearing in the wake of the Florida Fifth District Court of Appeal’s ruling that a city charter amendment can’t be enforced because state law bars the granting rights to bodies of water.
The amendment spearheaded by Speak Up Titusville was approved by 83% of city voters during the 2022 general election. The measure sought to put in place a human right to clean water for Titusville residents, but the appellate court said neither the state constitution nor general law authorized such rights.
But Speak Up filed a motion for rehearing with the appellate court on Jan. 9, arguing that the court had overlooked or misunderstood multiple parts of the law or facts in the case. The amendment granted no rights to bodies of water, although the measure does allow Titusville residents to bring legal actions in the name of the waters of Titusville when their clean-water rights are violated, according to the motion for rehearing.

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