Appeals court set to hear arguments in new I-95 interchange fight

Published  December 18, 2024 9:53pm EST
News Service of Florida
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The Brief

    • An appeals court will hear arguments on April 24 over a permit for a new Interstate 95 interchange in Volusia County. 
    • Environmental groups are challenging the St. Johns River Water Management District’s decision to approve the 74-acre project, citing potential harm to an "Outstanding Florida Water" in the area. 
    • The dispute follows a judge's recommendation to deny the permit, stating the project failed to meet the "clearly in the public interest" standard.

TALLAHASSEE, Fla. - An appeals court will hear arguments April 24 in a battle about a permit for a new Interstate 95 interchange in Volusia County. 

The 5th District Court of Appeal on Wednesday issued a notice scheduling arguments in the case, which pits the groups Bear Warriors United and the Sweetwater Coalition of Volusia County and two individuals against the St. Johns River Water Management District. 

The dispute went to the appeals court after the water management district in March moved forward with issuing a permit to the Florida Department of Transportation for the planned 74-acre project, which would create an interchange between Port Orange and New Smyrna Beach, south of Daytona Beach, at a road known as Pioneer Trail. The road now has an I-95 overpass. 

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The district made the decision after Administrative Law Judge E. Gary Early in January issued a recommended order that said the permit should be denied. Under administrative law, the recommendation went to the district for final action. Early’s recommendation hinged on a canal in the project area that has been designated an "Outstanding Florida Water." 

He wrote that the designation required the Department of Transportation to show the project is "clearly in the public interest" — a test he concluded the department did not meet. 

The appeals-court hearing will be held at the Marion County Courthouse in Ocala, according to Wednesday’s notice.

The Source: Information in this article is taken from The News Service of Florida.

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