Zoning: Zoning Statute Of Repose Governs Redevelopment Settlement Agreement

Tuesday, July 09, 2013 12:00 am
Land Use Law Report, Volume 41, Number 7

In Delaware, a statute of repose that limits challenges to zoning ordinances also applies to other municipal actions that have the effect of changing the zoning code.

Facts: In 2007, Dewey Beach Enterprises, Inc. (DBE) applied for a building permit to redevelop three parcels in the center of the Town of Dewey Beach, Delaware. The town Building Inspector and Town Solicitor denied the application because DBE’s redevelopment plan did not comply with all of the zoning requirements. DBE appealed to the Board of Adjustment, which affirmed the Building Inspector. The trial court also affirmed, but the Supreme Court of Delaware reversed in 2010. In the meantime, DBE filed "numerous other lawsuits in state and federal court," challenging the town’s decision.

However, in February 2011, DBE and the town entered into an Amended Mutual Agreement & Release (Agreement) in settlement of all of [..]


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