QUESTION
Is it legal for my town in de. to pass an ordinance restricting water use when there is no water shortage in the town?
Asked on Jun 20th, 2014 on Civil Litigation - Delaware
More details to this question:
The town of Milton is currently considering passing an ordinance restricting water use to odd , even days as a permanent ordinance not temporary. There is no water crisis or shortage. the water committee made up of non-professionals decided this recommendation and the town is considering it . Its at its third reading to pass. Do we not have right to water since we are paying for it and when we bought our homes we assumed we could use the water full time. Under a water crisis this is acceptable but just because someone got this idea can they pass it legally and take away our rights to water. Thanks much
1 ANSWER
You're asking whether elected legislatures can legally enact legislation which, although it doesn't violate either the State or Federal Constitution, is stupid. I don't mean to be flippant, but the answer is self-evident UNLESS Milton's proposed law violates either a Delaware state law or a Federal law, either of which would have priority.
Answered on Jun 20th, 2014 at 2:00 PM