A Superior Court decision this week upheld New Castle County’s development laws that aim to block commercial and residential sprawl in unincorporated areas.
The 53-page ruling from Judge John Parkins Jr. says New Castle County was within its rights to deny a traffic impact study from Toll Bros. Inc. as they sought to develop housing on the former Delaware National Country Club.
The golf course near Route 48 has been closed since 2010, with Toll Bros. working through the county’s four-phase development process over the past few years.
Both the company’s and DelDOT’s consultants gave the area failing grades for controlling traffic by the time the project is complete. DelDOT rejected a $1.1 million project proposal by Toll Bros. to ease congestion in the area, offering a $3.5 million project instead that the company could contribute to.
But the agency wouldn’t promise when or if the project would ever go to construction – meaning it couldn’t meet county code by the time the development was slated to open.
The New Castle County Board of adjustment denied an appeal by Toll Brothers, which was upheld by Judge Parkins. The company says it’s currently reviewing its options.
It would have to restart the development process from the beginning barring any other court appeal.