Posts from 2020

Flattening the Land Use Approvals Curve In Wake of Coronavirus: Update

Last Friday, March 13, 2020, I warned those seeking land use approvals or building permits for a new or existing healthcare use in New Castle County, Delaware that the Department of Land Use has imposed new guidelines on doing business with the department in the wake of the coronavirus.  Among other measures, Board of Adjustment and Planning Board hearings are now suspended until April 10, 2020.  As of late Friday, the New Castle County Council, which is the final stop for approving major land development plans and rezoning ordinances, cancelled the Land Use Committee meeting for March 17, 2020.  As of now, a Council meeting is still scheduled for March 31, 2020. As potential disruptions to real estate project timelines and ability to move forward pile up, it’s time to pause and consider how to make these and future barriers less impactful to a project. It may not be possible to avoid all impact, but like the spread of the Coronavirus itself, it may be possible to ‘flatten the curve’ so that the delays do not spike suddenly into an irreversible problem for a project already, or soon to be, underway. More ›

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Department of Land Use Imposes New Guidelines In Wake of Coronavirus

Seeking land use approvals or building permits for a new or existing healthcare use in New Castle County?  The Department of Land Use has imposed new guidelines on doing business with the department in the wake of the coronavirus that could impact your timelines and ability to move forward. Significantly, all land-use hearings are suspended until April 10, 2020. For new applications, that might mean delays, and will certainly mean crowded agendas in May. The rest of the guidance is attached. If you have concerns over a specific project, our expert land-use attorneys are ready to help. Stay safe and healthy!

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Delaware Government and Legislative Update: State of Emergency Declared and Legislature to Remain Recessed in Response to COVID-19

The Delaware General Assembly will not return for Joint Finance Committee hearings on March 17, 2020. The current legislative recess is extended until at least March 24, 2020. As of this Friday, March 13, 2020, Legislative Hall is closed to the public. A full list of cancelled legislative meetings is here: https://legis.delaware.gov/. If you have business before the General Assembly this session, attorney  Kimberly Hoffman would be glad to talk with you about these uncharted waters. More ›

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Proactive Legal Steps to Consider and Legislative Things to Watch as Delaware Sees its First COVID-19 Case Confirmed

Today, Delaware lost its status as the only state on the east coast without a COVID-19 case. Even before the public announcement was made, the University of Delaware moved all of its classes online, the Health Law section of the Delaware State Bar Association postponed its CLE, businesses made contingency plans to move its workforce remote, and the state set up an online resource center for all the latest and greatest information and a hotline (1-866-408-1899). The Speaker and Pro Tem put out guidance that changes to the legislative session calendar may be necessary as well, noting, “Since this is a shifting situation, we must remain flexible and our response could change depending on the circumstances. The most important thing we can do now is prepare for a variety of possibilities, up to and including the potential postponement of session. To that end, we are currently discussing the logistics of implementing such a decision and how staff could work from home, if necessary.” More ›

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Partner A. Kimberly Hoffman Elected to Serve on Delaware Business Roundtable Executive Committee

Morris James LLP Partner A. Kimberly Hoffman has been elected to serve on the Executive Committee of the Delaware Business Roundtable, of which she has been a regular member for over five years. Kim will join a committee of eleven Delaware business leaders tasked with steering the Roundtable forward in its mission to enhance the quality of life in Delaware. Last Friday, Kim jumped into her new duties by giving a presentation to the Roundtable’s “Ready in Six” coalition at CSC headquarters on Lancaster Pike.  Her presentation was entitled “Ready in Four,” and took her fellow coalition members through her work as a land use attorney to approve the former GM Boxwood plant site for a new logistics center in just four months.  The Ready in Six initiative seeks to streamline Delaware’s permitting process and regulations in an effort to attract jobs, talent and investment to the state.  Governor John Carney has included a $10 million dollar site readiness fund in this year’s state budget.  “Replicating the Boxwood approval timing on a similar-sized project would be a heavy lift, but the system could be improved to make that easier." More ›

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