Supreme Court: County can make developers improve traffic

December 13, 2016

The News Journal
By Xerxes Wilson

The Delaware Supreme Court has affirmed New Castle County’s ability to reject a development proposal over concerns about traffic near the project.


The lawsuit stems from an attempt by Pennsylvania homebuilder Toll Brothers to override the county’s rejection of plans to build 263 homes on the 200-acre property that straddles Red Clay Creek near Lancaster Pike and Hercules Road.


“When it comes to traffic, DelDOT plays merely an advisory role,” said attorney Sid Liebesman, who represented the county in the case. “That is the takeaway.”

Last week, the Delaware Supreme Court upheld that ruling, which attorneys for Toll had challenged.

“Any other project that is pending or that comes in the future, the Superior Court decision affirmed by the Supreme Court will be something the citizens always have to their benefit,” Liebesman said.

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