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8/8/2013
Barley Mill Rezoning Fight Enters Round Two; Councilman Bob Weiner denied detailed traffic data before the vote; Judge sides with Weiner

Chancery Court Vice Chancellor Sam Glasscock ruled that the 7-6 rezoning vote was invalid because Councilman Bob Weiner was the deciding vote; and because county officials incorrectly told Councilman Bob Weiner that he couldn’t have detailed traffic data before the vote; which data he had repeatedly requested. Glasscock said that was bad information and Weiner was entitled to the traffic data.

REZONING FIGHT ENTERS ROUND 2
By Adam Taylor The News Journal 8/8/13

Stoltz Real Estate Partners has appealed a lower court’s ruling that invalidated the New Castle County Council’s decision to rezone part of Barley Mill Plaza to the Delaware Su-preme Court. Stoltz filed on Wednesday the four-page document that gave no indication what its argument to the justices would be in the real estate development dispute. Jeff Goddess, the attorney for Save Our County, said Stoltz’s brief detailing its appeal was due to the court by Sept. 23. The community group sued the county and Stoltz over the 2011 commercial rezoning of nearly 40 percent of the 92-acre office park in Greenville.

Goddess estimates the parties will appear before the Supreme Court in November or December.

“This is not wholly unanticipated,” he said. “We will vigorously follow through in resisting the appeal.”

Stoltz spokesman Tom Gailey declined comment.

Chancery Court Vice Chancellor Sam Glasscock ruled that the 7-6 rezoning vote was invalid because Councilman Bob Weiner’s deciding vote was “arbitrary and capricious” because county officials told him that he couldn’t have detailed traffic data before the vote. Glasscock said that was bad information and Weiner was entitled to the traffic data.

County Council, which is also a defendant in the suit, won’t be appealing, its attorney, Robert Katzenstein, said.

The Council was defending itself in the lawsuit to find out if traffic data had to be considered before a rezoning vote, Katzenstein said. While Glasscock ruled Weiner could have insisted on the data, the judge ruled the Council wasn’t required to have traffic data beforehand.

“Council achieved its goal in getting that question answered,” Katzenstein said. “Now that the Council knows what the law is regarding future rezonings, we don’t need to in-vest the taxpayers’ money in further participation in the litigation.” 

Contact Adam Taylor at 324-2787 or ataylor@delawareonline. com.

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