A Delaware court ruling Sept. 5 will allow development on the former Pike Creek golf course. "The ruling states that 130 acres of 177 acres must be set aside, but the developer always intended to set aside at least 130 acres of open space," explained Morris James attorney Kim Hoffman, Esq.
The Golf Dispute Resolution blog noted, “Arguably the court’s decision reached a result not too different than what the parties would have structured themselves, had they negotiated a resolution, rather than leave it to the courts,” lauding “the benefits of a negotiated resolution over the uncertainties of costly litigation.” The News Journal reported the County has spent $419,000 to date on outside counsel.
Superior Court Judge Paul R. Wallace made the ruling in the case of New Castle County vs. Pike Creek Recreational Services LLC (PCRS). Morris James represents the property owner.
Neither New County Council nor New Castle County Executive Tom Gordon have announced whether an appeal will be pursued.