DOVER, Del. (AP) - The Delaware Supreme Court has upheld a lower court ruling that invalidated a New Castle County council rezoning vote for a controversial redevelopment project in suburban Wilmington.
The justices on Tuesday affirmed a Chancery Court judge’s decision that the council’s 7-to-6 vote on the Barley Mill Plaza project in 2011 was arbitrary and capricious. The chancery judge concluded that councilman Robert Weiner reluctantly voted for the rezoning after council members received erroneous legal advice that a traffic impact study was both unavailable and irrelevant.
In upholding that decision, the justices declined to consider arguments by project opponents and the county that the chancery judge erred in declaring that council was not actually required by state law or county code to consider the traffic study before voting on the rezoning.
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