Del. Supreme Court Mulls Controversial Rezoning - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Del. Supreme Court Mulls Controversial Rezoning

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DOVER, Del. (AP)- The Delaware Supreme Court is set to hear arguments in a lawsuit stemming from a controversial redevelopment project in suburban Wilmington.

The justices were to convene Wednesday to hear arguments over a Chancery Court decision nullifying a New Castle County council rezoning vote for the proposed Barley Mill Plaza redevelopment project.

The Chancery judge said the council's 7-to-6 vote in 2011 was arbitrary and capricious because councilman Robert Weiner reluctantly voted for the rezoning with the mistaken belief that he could not obtain a traffic impact study at the time.

The developers are appealing that ruling, while the county and residents opposed to the project are cross-appealing the judge's conclusion that council was not required by state law or county code to consider a traffic study before the rezoning vote.

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