OCEAN BAY MART v. CITY OF REHOBOTH BEACH

No. 28, 2022.

285 A.3d 125 (2022)

OCEAN BAY MART, INC., Plaintiff-Below, Appellant, v. The CITY OF REHOBOTH BEACH DELAWARE, Defendant-Below, Appellee.

Supreme Court of Delaware.

Decided: September 30, 2022.

Reargument Denied: November 21, 2022.


Attorney(s) appearing for the Case

Richard A. Forsten, Esquire (argued), Pamela J. Scott, Esquire , Aubrey J. Morin, Esquire , SAUL EWING ARNSTEIN & LEHR LLP, Wilmington, Delaware, for Plaintiff-Bellow, Appellant Ocean Bay Mart, Inc.

Max B. Walton, Esquire (argued), Lisa R. Hatfield, Esquire , CONNOLLY GALLAGHER LLP, Newark, Delaware, Defendant-Below, Appellee the City of Rehoboth Beach Delaware.

Robert J. Valihura, Jr., Esquire , MORTON, VALIHURA, & ZERBATO, LLC, Greenville, Delaware, Amicus Curiae for The Committee of 100.

Paul E. Bilodeau, Esquire , LOSCO & MARCONI, P.A., Wilmington, Delaware, Amicus Curiae for The Delaware Chapter of the American Planning Association & The Delaware League of Governments.

Before SEITZ, Chief Justice; VAUGHN and MONTGOMERY-REEVES, Justices.


The Plaintiff-Appellant, Ocean Bay Mart, Inc. ("Ocean Bay"), owns a 7.71-acre parcel of real property located in the City of Rehoboth Beach ("the City"). In June 2015, Ocean Bay submitted a Site Plan to the City proposing to develop the property into 63 residential condominium units. Fifty-eight of the residential units would be...

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