Delaware judge rules Barley Mill Plaza rezoning invalid

The controversial vote to allow the rezoning of land to develop Barley Mill Plaza was declared invalid by a Delaware judge.

 

Vice Chancellor Sam Glasscock ruled that New Castle County Council’s 2011 decision to allow rezoning of the piece of land at the intersection of 141 (Centre Road) and Route 48 (Lancaster Turnpike) is invalid because not all of the information regarding the plans was available to all council members.

“When the county council voted on the rezoning at its Oct 25, 2011 meeting, Councilman [Robert] Weiner voted in favor of the rezoning despite his uncertainty concerning the traffic impact of the rezoning,” stated the ruling.

New Castle County Executive Tom Gordon, who was not in office at the time of council’s decision, said he supports the Court of Chancery’s ruling to nullify county council’s vote.  Gordon had made the Barley Mill issue a cornerstone in his bid to return to the top spot of New Castle County government.

“The judge said at least one member of Council asked for the traffic impact study, but they should have all asked for it,” Gordon said. “Every large development should have a traffic impact study. I am glad the court ruled in this manner.”

The ruling follows years of controversy surrounding the development of the a mix-use retail and office space.