The Delaware Supreme Court has refused to rehear the appeal of a decision it made in August concerning a 224 unit housing project in Pike Creek.
In an opinion originally filed on August 5, 2021, a Delaware Supreme Court panel upheld a decision by Delaware Superior Court favoring New Castle County against Pike Creek Recreational Services (PCRS).
PCRS then requested a rehearing before the entire court which was denied on September 14, 2021.
"My understanding is unless they come up with something brand new that yes, this is over," said 3rd District New Castle County Councilwoman Janet Kilpatrick.
The legal arguments have centered on the former Three Little Bakers golf course which occupies 130 of the nearly 180 acres of land involved in the development debate.
PCRS needed a restriction on the golf course parcel to be lifted so it could be counted toward open space.
New Castle County’s Department of Land Use and Planning Board denied that request sparking the lawsuit.
The golf course restriction dates back to 1969.
Delaware Superior Court ruled in favor of the county in August, 2020.
Kilpatrick said even though the restrictions were fifty years old the intent was clear.
"So I think the fact it was a master plan, that it had written deed restrictions on it, and that there were notes on the plan backing up the deed restrictions," said Kilpatrick
The current court rulings limit the number of housing units PCRS can build to about sixty.
Kilpatrick said any proposal from PCRS for such a project would have to go through the entire county development process.