Cases
On March 10, 2025, the Delaware Supreme Court issued a unanimous en banc decision affirming multiple lower court rulings in favor of Kent County and the Kent County Levy Court in Citizens Against Solar Pollution v. Kent County, 2025 WL 751102 (Del. Mar. 10, 2025). The Supreme Court’s ruling conclusively upheld the County’s approval of a conditional-use permit for a large-scale solar farm, rejecting all legal challenges brought by nearby landowners and a nonprofit entity opposed to the project.
The Court reaffirmed the rule that certiorari is the proper and adequate legal remedy for reviewing quasi-judicial land-use decisions, rejected plaintiffs’ attempt to circumvent that remedy through declaratory judgment, and confirmed that the Levy Court’s approval process was legally sound and procedurally regular. The Court also held that Kent County’s permit approval was not legislative in nature and did not require the passage of an ordinance.
Kent County and the Kent County Levy Court were represented throughout the proceedings by attorneys Max B. Walton and Lisa R. Hatfield of Connolly Gallagher LLP. Their advocacy before all three Delaware courts—Chancery, Superior, and Supreme—resulted in a complete and decisive victory for the County and its efforts to facilitate renewable energy development within the bounds of its zoning and planning framework.
Please note that email communications to the firm through the website do not create an attorney-client relationship. Do not send any privileged or confidential information to the firm through the website.
Click “Accept” below to confirm that you have read and understand this notice.