Why Should Delaware Care?
Belle Mead is one of several controversial developments that have become part of a larger debate over how to manage growth in booming eastern Sussex County. The Supreme Court’s decision on this case could set precedence for how the County Council should handle future developments.
A fight over a proposal to build apartments and shops near the Delaware beaches is headed to the state Supreme Court.
Members of the nonprofit Route 24 Alliance in January filed an appeal for judicial review of the County Council’s approval of the controversial Belle Mead development.
But lawyers of the project’s developer, Capano Management, soon filed a motion to dismiss the case.
They argued that Route 24 Alliance’s lawyers wrongfully excluded them from the initial case and did not establish “standing,” or proof that the resident group would be harmed by Belle Mead, other than “generalized grievances which may be shared by the population at large.”
In late May, Superior Court judge Mark Conner granted that motion to dismiss the case. Public documents do not outline the reasons behind that decision.
In late June, Route 24 Alliance then filed to appeal the case to the Supreme Court. It will likely take months before the case is heard again.
Sussex County Council voted 3-2 in December to approve a rezoning request from Capano Management, essentially greenlighting a plan to transform a horse farm into 125,000 square feet of commercial space and up to 334 apartments.
A total of 15% of those apartments will be under the county’s affordable housing program. The 40-acre property inland from Rehoboth Beach is adjacent to Beacon Middle School and across Route 24 from Love Creek Elementary School. It sits about 2 miles southwest of Route 1.
Judy Rose Seibert, a Route 24 Alliance member listed on the appeal, declined to comment on the litigation.
Representatives from Sussex County and Capano Management did not immediately respond to a request for comment.
Reasons behind the appeal
Route 24 Alliance’s initial appeal asserts that county council members “misunderstood several crucial data points,” primarily the timing of traffic improvements around the site.
While explaining his vote in favor of the rezoning, Councilman Matt Lloyd said the buildout of Belle Mead “aligns” with planned major improvements to Route 24.
Lloyd did not say which improvements he was referring to. But DelDOT plans to widen Route 24, although the project will be in preliminary planning stages through 2032, according to the state’s draft Capital Improvement Plan.
Belle Mead is projected to be fully built out by 2032, well before construction on that widening would begin.
The appeal points to Lloyd’s comments as an example of a “mistaken belief” that led to the council’s approval.
The appeal also cites a letter from Cape Henlopen School District’s Director of Operations Jason Hale opposing any additional growth in the district until an impact fee program was in place.
Belle Mead is located next to Beacon Middle School and Love Creek Elementary School. Hale’s letter also stated that increased traffic from Belle Mead could adversely affect the school pick up and drop off, as well as student safety.
Seibert previously made an hour-long presentation to the County Council urging them to deny the rezoning request. She argued that since Belle Mead would be the first approved under the county’s C-4 zoning district, the county council’s decision would set a precedent for what level of traffic congestion is acceptable for future applications.
Seibert said Sussex County does need more affordable housing, “but this is not the right place for it.”
When the council first made the rezoning decision, Capano Management released a statement saying Belle Mead is “thoughtfully supported by existing and planned infrastructure” and is located where the county has determined growth is appropriate.
