Overbrook lawsuit scheduled in Chancery Court

Shopping center developer seeks new council vote on rezoning
April 17, 2017

Oral arguments in Delaware Chancery Court have been scheduled for 2 p.m., Friday, June 30, in a lawsuit against Sussex County Council over its decision to deny a rezoning application that would have paved the way for the largest commercial project in the county's history.

Council voted 4-1 on April 12, 2016, to deny a rezoning request filed by TD Rehoboth LLC, a Timonium, Md. developer, from AR-1, agricultural-residential, to CR-1, commercial residential, for a 114-acre parcel of farmland at the Route 1-Cave Neck Road intersection for Overbrook Town Center, a 850,000 square-foot-shopping center.

Developers TD Rehoboth LLC and Overbrook Acres LLC filed suit June 8, 2016, in Chancery Court against council stating three council members who voted against the application made statements not supported by the public record. They are requesting that the “vote taken to deny the rezoning of the property should be permanently enjoined and a new vote ordered.”

Council members Mike Vincent, Sam Wilson, George Cole and Joan Deaver, who has since retired, voted against the application. Councilman Rob Arlett voted in favor. The county's planning and zoning commission had recommended approval of the application.