Bill Text: DE SB167 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To The Legality Of Any Ordinance, Code, Regulation Or Map Relating To Zoning.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2012-04-26 - SS 1 for SB 167 - Re-Assigned to Judiciary Committee in Senate [SB167 Detail]
Download: Delaware-2011-SB167-Draft.html
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SPONSOR: |
Sen. Peterson |
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Sens. Blevins, Ennis, Sokola & Simpson; Reps. Gilligan & Ramone |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 167 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE LEGALITY OF ANY ORDINANCE, CODE, REGULATION OR MAP RELATING TO ZONING. |
Section 1.Amend §8126, Title 10 of the Delaware Code by making deletions as shown by strike-throughs.
§8126.County and municipality zoning and planning actions.
(a)
No action, suit or proceeding in any court,
whether in law or equity or otherwise, in which the legality of any ordinance,
code, regulation or map, relating to zoning, or any amendment thereto, or any
regulation or ordinance relating to subdivision and land development, or any
amendment thereto, enacted by the governing body of a county or municipality is
challenged, whether by direct or collateral attack or otherwise, shall be
brought after the expiration of 60 days from the date of publication in a
newspaper of general circulation in the county or municipality in which such
adoption occurred, ofnotice of the
adoption of such ordinance, code, regulation, map or amendment.
(b)
No action, suit or proceeding in any court, whether
in law or equity or otherwise, in which the legality of any action of the
appropriate county or municipal body finally granting or denying approval of a
final or record plan submitted under the subdivision and land development
regulations of such county or municipality is challenged, whether directly or
by collateral attack or otherwise, shall be brought after the expiration of 60
days from the date of publication in a newspaper of general circulation in the
county or municipality in which such action occurred, of notice of such final
approval or denial of such final or record plan.
SYNOPSIS
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If a municipality or county passes a land-use ordinance that violates state law, an aggrieved party has only 60 days to file a court challenge.After that, the ordinance cannot be challenged, nor can subsequent decisions based on that ordinance be challenged based on its invalidity.This Bill seeks to remove that bar, recognizing that the enactment of an ordinance that violates state law cannot be legitimized by the passage of time. |
Author:Senator Peterson
