Delaware’s Chief Justice Leo Strine questioned the arguments by the owner of Barley Mill Plaza in Greenville that a lower court judge overreach in throwing out the project’s rezoning.
The lower court judge’s ruling voided the New Castle County’s 2011 vote to rezone nearly 40 percent of the 92-acre office park.
The owners argued that the lower court should not have gotten into the meeting records to figure out the reasoning of a key vote on the council.
But the Wilmington News Journal reports that Strine wondered why it not alright for the court to dig into the minute of the meeting to discover the reasoning of the council members.
The lower court ruled that the council vote was arbitrary and capricious because Council member Bob Weiner said he wanted a traffic study before voting but was misled into thinking he could not get one.