Hotel developer's case against Sussex P&Z dismissed

A Superior Court judge has granted Sussex County Planning and Zoning Commission a motion to dismiss an appeal filed by a hotel developer against the commission and another hotel developer.

Judge Richard Stokes said the appeal was filed before Sussex County Council had ruled on the appeal, which is the process outlined in county code.

Nicholas Caggiano Sr. and Ocean One Plaza LLC filed the appeal based on the commission's June 28, 2018 preliminary site-plan approval for Lewes Hotel LLC that included a reduction waiver in the number of required parking spaces from 154 to 106. The hotels are planned on adjoining properties.

In the appeal, the appellants claimed they would be unfairly harmed by the reduction in the number of parking spaces in the Lewes Hotel plan.

Lewes Hotel, proposed along Marsh Road adjacent to Ocean One Plaza along Route 1, would have 96 rooms with 106 parking spaces. Home 2 Suites by Hilton in Ocean One Plaza would have 110 rooms and 177 parking spaces, which conforms with county code.

“The appellants contend that they are properly before this court because county council has not yet agreed to docket their appeal,” according to court records.

Stokes noted the appellants have the right to appeal the decision to county council within 30 days of the commission vote. They also have the right to appeal the decision to Superior Court, but only after a decision is made by county council, he said.

“Under Sussex County code, once the Sussex County Council has made a decision based upon an appeal from the commission, only then may the appellants appeal to the court. The Sussex County Council has not rendered a decision, therefore, the current appeal is not properly before this court,” Stokes said.