State to hear case at Feb. 19 session

An ongoing legal battle regarding a retail/business development has now reached the state Supreme Court level.

The Delaware Supreme Court is expected to review a decision in the Barley Mill LLC/Stoltz development in Greenville, versus the Save our County activist organization at its Feb. 19 session in Dover.

The court will specifically review whether state law requires counties to consider traffic issues before rezoning.

Defendants Barley Mill LLC are appealing a June 2013 decision by Vice Chancellor Sam Glasscock, of the Delaware court of chancery, which invalidates a 2011 vote by the New Castle County Council on the rezoning of the property.

In that ruling, Glasscock found Councilman Bob Weiner’s vote as arbitrary and invalid, leaving council without a majority vote.

The case, which has been ongoing for several years, revolves around a land owner’s right to develop their property, and those seeking to preserve a certain quality of life by avoiding overdevelopment.

Formerly the site of the Dupont Airport, the roughly 92-acre property has been used as a business park since the 1908s and is currently still in use, with over a million square feet in office space.

Purchased by Barley Mill LLC in 2007, the proposed plans for the property have gone through a number of revisions after the initial plan met with significant public resistance, which called for business, commercial and residential components.

The largest concerns, barring any aesthetic concerns, was the increase in traffic any large commercial development would bring to Greenville.

Availability of traffic studies have also been a factor in recent months.