Town of Fenwick Island and Sussex County v. State of Delaware

Summary

The Supreme Court of Delaware affirmed summary judgment upholding legislation that required approval of a qualifying electrical-substation permit and applied retroactively to a prior county denial. The Court held that the legislation did not violate separation of powers, the constitutional authorization for local zoning, the one-subject and title requirements, or due process because the General Assembly retained ultimate authority over zoning and the statute concerned public utilities. The Court declined to decide whether Fenwick Island had standing because Sussex County’s standing was uncontested and its claims were identical.