Land Use Law Training - 2/25/2022


"Max B. Walton" <mwalton@connollygallagher.com>

Sean O'Neill <oneill@udel.edu>

Edward O'Donnell <troutbum@udel.edu>


----------------------


EL Q: Did I hear it right that in 98% of cases the new ordinances are effective immediately after the adoption?

Max Walton A: Yes.


EL Q: Did I also hear that, while the ordinance is pending, the approval process can be delayed for a reasonable time until the ordinance is adopted?

A: On the ordinance, if there is no statutory or common law vested right AND the pending ordinance doctrine applies, then there can be an approval delay. But you would need to check that with your solicitor under particular facts of each code and case.


Land-Use Law, the Constitution, and Takings-022122.cleaned.pdf