Delmarsh, LLC v. Environmental Appeals Board of the State of Delaware

Summary

The Court affirmed the Superior Court’s judgment upholding DNREC’s refusal to remove Delmarsh’s lots from the State Wetlands Map. It held that the Board properly admitted and considered the aerial photograph, correctly interpreted the Wetlands Act to include land connected to tidal waters through flooding or tidal features without requiring daily tidal ebb and flow, and relied on substantial evidence. The Court also rejected Delmarsh’s takings claim because the claim had to be evaluated based on the lots’ zoning when DNREC acted, and Delmarsh offered no evidence of loss of value under that zoning.