New Castle County Council v. BC Development Associates

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \[I]t is axiomatic that delegated power may be exercised only in accordance with the terms of its delegation.\ (citing Del. Const. art. II, § 25 and collecting cases)
• “When [a governmental agency] makes a … decision [subject to judicial review] without establishing the basis for its action, it thwarts the ability of a court to provide effective review.”
• “[T]he [zoning] power of Council is analogous to that of an administrative agency, since the fundamental power to regulate land use rests with the General Assembly.” (citing Del. Const. art. II, § 25)
• “When Council considers a zoning ordinance, it is acting in a legislative capacity.”
• “Council’s reasons must be clear from the record. If several possible explanations for a given decision appear on the record, the reviewing court must not be left to speculate as to which evidential basis Council favored.”
• “If a court can confidently conclude that the information available to Council is not outdated, then a new public hearing followed by a new vote and an adequate explanation of Council’s decision may provide a sufficient remedy.”

Source: CourtListener parenthetical corpus (CC0).