Barley Mill, LLC v. Save Our County, Inc.Annotate this Case
Barley Mill, LLC appealed a Court of Chancery judgment invalidating a vote of the New Castle County Council on a rezoning ordinance. Barley Mill planned to develop a piece of property to house office space and a regional shopping mall. The increase in traffic associated with the development was of considerable concern to both the public and members of the Council itself. But the Council was advised that: (1) it could not obtain the traffic information and analysis that Barley Mill was required to provide to the Delaware Department of Transportation as part of the overall rezoning process before the Council exercised its discretionary authority to vote on the rezoning ordinance; and (2) that the traffic information was not legally relevant to the Council's analysis. That advice was incorrect and there were no legal barriers that prevented the Council from obtaining the information or considering it before casting its discretionary vote on the rezoning ordinance. After the rezoning ordinance was approved, nearby resident homeowners and Save Our County, Inc. challenged the zoning ordinance, arguing that not only was the Council allowed to consider the traffic information, but the New Castle County Unified Development Code required it to consider that information before its vote. They also argued that, even if the Council was not required to consider the information before the vote, the vote on the rezoning ordinance was arbitrary and capricious because the Council had received erroneous legal advice that the information was both unavailable and irrelevant at the time the Council cast its vote. The Court of Chancery held that the mistake of law caused the Council to vote without first obtaining the information, rendering the vote arbitrary and capricious. On appeal, Barley Mill argued that the Court of Chancery erred when it invalidated the Council's vote. Save Our County and New Castle County cross-appealed, arguing that the Court of Chancery erred in holding that neither 9 Del C. Sec. 2662 nor the UDC required the Council to consider a traffic analysis before casting its discretionary vote on the rezoning ordinance. Finding no reversible error, the Supreme Court affirmed the Court of Chancery's decision.