Small Town News

Sussex learning expensive lesson in deciding

---

Sussex County Council faces a thorny issue in the guise-of a recent federal court decision. That decision reverses its denial of a conditional-use application for an office complex on Savannah Road outside the city limits of Lewes.

The court ruled that council, in its 3-2 decision, erred in an arbitrary and capricious manner by not giving complete due process to the applicant - in this case also an attorney - prior to overturning the unanimous recommendation for approval of the application by the county planning and zoning commission. It appears that the council majority - including current President Mike Vincent, who almost always respects the planning commission's recommendations, Councilwoman Joan Deaver who represents die Lewes area, and Councilman George Cole - used a letter from Lewes Mayor Jim Ford as a factor in their decision. The problem is mat the applicant didn't have the opportunity - as mandated by constitutional due process requirements - to address concerns raised in the letter prior to council's vote on the application.

In addition to getting to proceed with his office-complex project, the applicant also wants the county to pay all court costs and damages caused by delays. Anyone who understands how quickly legal costs can mount realizes that this could add up to a significant sum. In what is thought to be an unprecedented decision, the federal judge also ruled the individual council members can be held personally liable for the damages. How that will play out is still to be determined.

In past iterations, Sussex County Council has found itself in hot water when it neglected to fully honor and comply with public notice and public hearing requirements.

This case could prove a very expensive and avoidable lesson in the importance of fully understanding and embracing public hearing processes to ensure that council members make sound and fair decisions that, if contested, will stand up in court.





© 2011 Cape Gazette Lewes, Delaware. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

More from Cape Gazette