Chancery Court orders new Overbrook hearing

Delaware Chancery Court has ruled the developers of the proposed Overbrook Town Center can request a new public hearing, but a spokesman for Sussex County says county officials still have options.

The council can agree to a new hearing or it can appeal the court's order to the Delaware Supreme Court, said Chip Guy, the county's communications director. The deadline for an appeal would be Sunday, Oct. 1. He said final orders from Chancery Court can be appealed to the Supreme Court.

He said if council decides to appeal, the order is put on hold until the high court issues a ruling.

Council is off for two weeks and will not meet again until Tuesday, Sept. 19. County public hearings must be advertised 30 days in advance.

On Sept. 1, Delaware Court of Chancery Vice Chancellor Joseph Slights ruled that the plaintiffs – developers TD Rehoboth LLC and Overbrook Acres LLC – can request a new public hearing on or before Friday, Oct. 27.

The public hearing record must include all submissions and materials posted so far, and nothing shall prohibit the submission of new material by the plaintiffs, the county or the public, according to court records.

However, Guy said, the order states that the hearing can be scheduled in due course with other pending applications.

On Aug. 11, following briefings and oral arguments, the court granted the plaintiff's motion and ordered a new public hearing.

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, the largest commercial center ever proposed in the county.

The developers 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 said 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.