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6/11/2013
Chancery judge rules Barley Mill vote invalid - WDEL

By Tom Lehman, WDEL 

A Chancery judge has ruled County Council's controversial vote to rezone Barley Mill Plaza invalid.

A Judge has nullified council's 7--6 vote for the rezoning after ruling Councilman Bob Weiner's vote of yes was invalid, erasing the one-vote majority that passed the measure.

Weiner says the judge's ruling allows council to reconsider the issue.

"In his final paragraph, left open the opportunity for County Council to hold a re-hearing, now with traffic data," says Weiner.

Click here to listen


That decision means council's
7-6 vote in 2011 for the rezoning has been nullified because a majority of members did not vote for the rezoning.

Weiner says he feels vindicated.

"I was the only council member who said, 'I want traffic information. I'm being told by the County Land Use and Law Department that I'm not entitled to it,'" he said.

The controversial rezoning for commercial development drew a lawsuit against the county from citizen group Save Our County.

County Executive Tom Gordon, after taking office late last year, declared his position against the rezoning of Barley Mill. He says a traffic impact study should have occurred before the rezoning vote took place.

"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 in a statement Monday afternoon. "Every large development should have a traffic impact study. I am glad the court ruled in this manner."

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"Councilman Robert Weiner is legendary for his energy, knowledge and drive. He is one of the guiding forces behind the passage of the environmentally protective New Castle County United Development Code. He has been a force for good government in New Castle County for more than two decades."

Christine Whitehead
Former Vice President, Civic League for New Castle County

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