DOVER, Del. — A judge has invalidated a county council’s vote to deny a rezoning application for construction of the largest shopping center in southern Delaware.
The judge ruled Friday that the votes of two Sussex County Council members cannot withstand judicial review. The council voted 4-to-1 last year to deny the rezoning application for the proposed 850,000-square foot Overbrook Town Center.
The judge said the rezoning application, opposed by neighboring landowners, must be resubmitted for a new public hearing and vote.
In his ruling, the judge said councilman Sam Wilson did not state his reasons for voting against the application on the record.
He also said councilman Michael Vincent’s “no” vote based on potential impact on crop-dusting was arbitrary and capricious because crop-dusting restrictions would occur under the current zoning as well.