DE Supreme Court to Hear Barley Mills Development Case
DOVER, Del. (AP) - The Delaware Supreme Court is set to hear arguments in a lawsuit stemming from a controversial redevelopment project in suburban Wilmington.
The justices were to convene Wednesday to hear arguments over a Chancery Court decision nullifying a New Castle County council rezoning vote for the proposed Barley Mill Plaza redevelopment project.
The Chancery judge said the council's 7-to-6 vote in 2011 was arbitrary and capricious because councilman Robert Weiner reluctantly voted for the rezoning with the mistaken belief that he could not obtain a traffic impact study at the time.
The developers are appealing that ruling, while the county and residents opposed to the project are cross-appealing the judge's conclusion that council was not required by state law or county code to consider a traffic study before the rezoning vote.