LEWES, Del. - The Sussex County Council’s split decisions on two proposed developments along Route 24 have sparked both celebration and legal action, with the Route 24 Alliance filing an appeal this week challenging the council’s approval to rezone one property.
The Route 24 Alliance filed the formal appeal Monday over the council’s decision to rezone land tied to the Belmead property, arguing the action violates county and state laws and is inconsistent with public safety, welfare and convenience. The group said the council misunderstood key data points, including traffic impacts and the timing of required infrastructure improvements.
The appeal comes one day before the council unanimously voted Tuesday to deny the proposed Atlantic Fields shopping mall on 73 acres along Route 24, a move that was welcomed by many nearby residents.
“Everybody was elated beyond hopes and dreams,” said Pat West, who opposed the shopping center planned to have major retailers like Costco, Whole Foods and Target.
Others were disappointed by the denial.
"I was looking forward to having a Costco down here," said Denise Heinbaugh. "When you want to buy the bigger bulk stuff. Like, now I drive up to Dover, which is almost 50 minutes to go to the Sam's Club, because that's the closest store."
While residents celebrated the rejection of Atlantic Fields, questions were raised about why the council approved rezoning for another development along the same corridor.
Robin Delgado said she did not understand how infrastructure concerns cited in one case did not apply to the other.
"I don't understand how just a few weeks ago, that passed. It doesn't make sense to me that the same arguments about how the infrastructure specifically when you talk about Route 24 and the Love Creek Bridge and the fact that there is no solid plan," said Delgado.
Sussex County Council officials said they could not comment on pending or active litigation. The Route 24 Alliance declined to comment further on the appeal but said it is seeking donations to help cover legal costs. Belmead Farm LLC did not respond to a request for comment.