Farmers for Fairness v. Kent County

OPINION

STRINE, Vice Chancellor.

I. Introduction

In this case, the plaintiffs, a collection of organizations and individuals interested in protecting their ability to develop land in Kent County, are suing the defendants, Kent County, its Levy Court, and the Levy Court’s members (whom I will refer to collectively as “Kent County”), in an attempt to invalidate the “Bulk Utilities Ordinance.” The plaintiffs’ primary concern about the Bulk Utilities Ordinance is that it, if validly adopted, would limit the density of development on parcels of land outside Kent County’s designated “Growth Zone” by…