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

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March 16, 2020

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. Read more.

In these trying times, we are fully committed to protecting our clients' interests and well-being. Should you have any questions or concerns, please do not hesitate to reach out to the Real Estate or Land Use groups of Morris James LLP. 

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