OAK ORCHARD, Del. - The Delaware Supreme Court has affirmed a Superior Court decision in the case of Stillwater Harbor, LLC and the Sussex County Planning & Zoning Commission, bringing an end to a legal battle over planning and zoning decisions in the county.
The decision made on April 9 puts an end to the proposed 120 home development, on 57 acres, off of River Road. The project was ultimately denied by the Sussex County Planning and Zoning Commission in June 2023. The commission determined that the development would pose safety risks regarding flooding in the area.
Stonemark Ventures appealed the denial of the plans in October. The attorney of the developer claimed the rejection was based on concerns that, "are not spelled out at all in the code. "referring to the Delaware code.
The neighborhood also created controversy because the location consists of Native American land. Members of the Nanticoke Tribe previously told CoastTV that denying the proposal was a matter of preserving Native American history.
For Charles Clark IV, a member of the Nanticoke Indian Tribe, the ruling is personal.
“We live in a very sensitive area here,” Clark said. “The land we are speaking of—it is some of the last acreage that is still wooded.”
Clark said the land holds deep meaning for his tribe and expressed relief following the court’s decision.
“I am very happy, very pleased the system worked,” he said.
In a statement, the developers said they are disappointed by the ruling but are reviewing their options.
Clark also said the Stillwater Harbor case highlights larger issues tied to unchecked development across the region.
“The overdevelopment in Sussex County is destroying its nature and it’s also taxing the state’s ability to provide the services that it must,” he said.
For now, a years-long debate over this land appears to be coming to a close.
It’s important to note, however, that the land is owned by developers—so there’s still a possibility that a different proposal could come forward in the future.
