Barley Mill, LLC, Defendant-Below, Appellant/cross-Appellee v. Save Our County, Inc., Barbara Furbeck, Lawrence…

Summary

The Supreme Court of Delaware affirmed the invalidation of a county council's rezoning vote because erroneous legal advice caused the council to vote without traffic information that was legally available, materially relevant, and desired by the council member whose vote was dispositive. The court held that this mistake of law undermined the council's deliberative process and rendered the vote arbitrary and capricious. The court declined to decide whether the governing statute or development code independently required traffic information to be completed and provided before the discretionary rezoning vote.