Developers for The Overbrook Town Center Appealing Sussex County - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Developers for The Overbrook Town Center Appealing Sussex County Council Denial of Project

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This sign was put up by Kenny Hopkins, who owns a farm adjacent to the proposed site (Source: WBOC) This sign was put up by Kenny Hopkins, who owns a farm adjacent to the proposed site (Source: WBOC)

MILTON, Del.- Developers for the Overbrook Town Center, a controversial shopping center near Milton, have officially filed an appeal to a Sussex County Council, after their application was denied in April. 

In the filing document, attorney Richard Forsten wrote that three of the council members acted improperly in making their decision. 

"At least one council member," Forsten wrote, "Failed to adequately set forth the reasoning for his vote in a manner capable of review by this court, and at least two council members, in setting forth the reasons for their votes, gave reasons that were contrary to or otherwise not supported by the record." 

The developer, TD Rehoboth, was looking to build a massive shopping center on 114 acres, located by the intersections of Route One and Cave Neck Road. The shopping center would have been approximately 850,000-square-feet. 

The proposal was defeated in a 4-to-1 vote by council, in which Councilman Rob Arlett was the sole vote in support. 

Many neighbors voiced concerns with traffic and environmental damage, creating a coalition against the proposal. Rich Holtkamp said that the shopping center would change the way of life in the area forever. 

"The character of the area is mostly residential," he said. "There is light industrial and shops along Route One. This would have been the largest commercial development in Sussex County."

Beyond traffic concerns, other neighbors were worried about environmental damage to the Great Marsh. Kenny Hopkins, who owns the farm next door, said that the appeal was disappointing, but "not surprising." 

"I support the County Council," he said. "They did exactly what they thought needed to be done. And it was the right answer that they give. And I'm - and everyone around here is fully behind  County Council - and that they made the right decision." 

A decision from the judge is not likely until at least January, according to development attorneys. 

Click here to read the appeal.

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