A lawsuit brought by Croda against New Castle County over the landfill height ordinance is dismissed.
Croda’s lawsuit against New Castle County claimed that the ordinance to limit the height of landfills violated its due process rights, and is arbitrary, capricious, and illegal.
The ordinance limits the height of landfills to 140 feet while also requiring a special use review for future industrial uses in heavy industry zoning districts.
Vice Chancellor Morgan Zurn’s decision to deny Croda’s lawsuit was because it was more than 60 days after notice of the zoning ordinance was published in a local newspaper which is a violation of state law.
Croda filed the complaint on August 17, 2020, almost a year after the ordinance was passed by New Castle County Council.
Because of the ordinance any future changes at Atlas Point - the chemical manufacturing company Croda operates in New Castle – will have to go through the special use permit requirements.
Zurn’s ruling was issued last week.
Croda filed an appeal of the Chancery Court decision with the Delaware Supreme Court Tuesday.
