An Ed Sullivan Case Summary:
Farmers for Fairness v. Kent County Levy Court, 2012 WL 295060 (Del. Ch.) arose over respondent’s adoption of a new county comprehensive plan which, Petitioners claimed, adversely affected the use and value of their property. Petitioners are landowners and their representatives who own land outside urban growth areas. Respondent alleged the plan had no immediate effect while Petitioners alleged that the effect was immediate, notwithstanding the lack of change to the zoning regulations and maps. Delaware law requires the adoption and periodic review of a comprehensive plan. The County’s motion to dismiss was based on ripeness grounds and its consideration preceded that of the merits of Petitioners’ claims.
Petitioners claimed that Delaware statutory law prohibited development in conflict with the comprehensive plan and the impact of the plan adoption effected zone changes from a general maximum density of one dwelling per acre to one dwelling per four acres. Respondent contended the case was not ripe until the County adopted new regulations and maps
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