County Council of Sussex County v. Green

In this appeal from the Court of Chancery the appellant, the County Council of Sussex County (“Council”), seeks to reverse a decision of the Chancellor which invalidated a rezoning ordinance on the ground that the zoning reclassification was not consistent with the Comprehensive Land Use Plan (“Plan”) which governs Sussex County. In a thorough and well reasoned opinion, the Chancellor determined that the Council’s adoption of the ordinance was fundamentally inconsistent with the Plan and thus beyond the Council’s delegated power to regulate land use. See Green v. County Council of Sussex…