WILMINGTON, Del. (AP) - A judge has dismissed a lawsuit against county officials in northern Delaware over their refusal to extend sewer service to a property whose owner wants to develop it.
The judge said Thursday that there is no fundamental property right to sewer access, and that Port Penn Hunting Lodge Association failed to demonstrate that New Castle County officials acted improperly.
The judge also noted that the association failed to appeal to the county Board of Adjustment before suing.
The association says it’s being treated unfairly because county officials had agreed to provide sewer service for developments on nearby land in southern New Castle County to settle lawsuits filed by the property owners.
The judge said Port Penn failed to establish that the county had no rational basis for treating it differently.
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