Town of Fenwick Island and Sussex County v. State of Delaware

── Town of Fenwick Island and Sussex County v. State of Delaware ── Court: Supreme Court of Delaware Date: May 26, 2026 Category: General IN THE SUPREME COURT OF THE STATE OF DELAWARE TOWN OF FENWICK ISLAND and § SUSSEX COUNTY, § § No. 153, 2026 Plaintiffs Below, § Appellants, § Court Below: Court of Chancery § of the State of Delaware v. § § C.A. No. 2025-1478 STATE OF DELAWARE and THE § HONORABLE MATTHEW S. § MEYER, in his official capacity as § Governor of the State of Delaware, § and RENEWABLE § REDEVELOPMENT, LLC, § § Defendants Below, § Appellees. § Submitted: May 20, 2026 Decided: May 26, 2026 Before SEITZ, Chief Justice; TRAYNOR, and LEGROW, Justices. Upon appeal from the Court of Chancery. AFFIRMED. M. Jane Brady, Esquire (argued), HALLORAN FARKAS + KITTILA, Wilmington, Delaware; Stephani J. Ballard, Esquire (argued), LAW OFFICES OF STEPHANI J. BALLARD, LLC, Montchanin, Delaware, for Plaintiffs Below/Appellants, Town of Fenwick Island and Sussex County. Patricia A. Davis, Esquire, DELAWARE DEPARTMENT OF JUSTICE, Wilmington, Delaware, for Defendants Below/Appellees, State of Delaware and The Honorable Matthew S. Meyer. Richard A. Forsten, Esquire (argued), Wendie C. Stabler, Esquire, Jennifer M. Becnel-Guzzo, Esquire, SAUL EWING LLP, Wilmington, Delaware, for Defendant Below/Appellee, Renewable Redevelopment, LLC. SEITZ, Chief Justice: Sussex County and the Town of Fenwick Island filed an expedited appeal from an expedited Court of Chancery bench ruling dismissing their claims against the defendants. The court held that a recently adopted state statute authorizing conditional use permits for electrical substations did not violate the Delaware Constitution or other rights. On appeal, the plaintiffs repeat many of the same arguments dismissed by the Court of Chancery. They argue that the statute violates (1) the separation of powers doctrine in the Delaware Constitution; (2) Article II, Section 25 of the Delaware Constitution, which authorizes the General Assembly to enact laws that allow municipalities and counties to adopt zoning ordinances; (3) Article II, Section 16 of the Delaware Constitution, which provides that, except for public-purpose appropriation bills, no bill shall embrace more than one subject, which must be clearly expressed in the title; and (4) the public’s due process rights. The Town of Fenwick Island also disputes its lack of standing to challenge the legislation. As explained below, we agree with the Court of Chancery’s reasoning on each issue and affirm its summary judgment ruling for the defendants. It is unnecessary to reach the standing issue. 2  I. A. We take the undisputed facts from the Court of Chancery’s decision.1 Renewable Redevelopment, LLC, a subsidiary of U.S. Wind, owns about 140 acres in Sussex County, Delaware. In 2024, Renewable sought a conditional use permit from Sussex County to build an electrical substation on the property. The substation will receive power from wind turbines planned for construction off the Delaware and Maryland coasts. The Sussex County Planning and Zoning Commission agreed unanimously to recommend that Sussex County Council approve Renewable’s permit. At a July 30, 2024 hearing, County Council considered the Commission’s recommendation. Members of the public objected to the permit. By a 4-to-1 vote, County Council denied Renewable’s conditional use permit. Renewable petitioned the Superior Court for a writ of certio