Both sides in a lawsuit challenging the legality of a proposed rent control initiative on Orange County’s Nov. 8 ballot have filed motions for reimbursement of attorney fees with the Fifth District Court of Appeal.

Florida Realtors and the Florida Apartment Association are appealing a Ninth Judicial Circuit ruling in September that rejected a request for a preliminary injunction to keep the measure off the Orange County ballot. The ballot measure would impose a cap of 9.8% on multifamily rental units to help cope with what county officials say is a “housing emergency.”

In an Oct. 7 motion, the appellants asked the court for the conditional reimbursement of attorney fees and costs, arguing that the county advanced the measure even though it is at odds with the state Constitution.

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