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April 14: Last Chance for Sussex County to Appeal SB 159 - Contact Council Members Now

Sussex County must appeal the SB 159 decision to the Delaware Supreme Court, and residents should urge County Council to act now.


The Delaware Court of Chancery has upheld SB 159, a law that allowed the state to override Sussex County’s denial of a permit for US Wind’s offshore wind substation at 3Rs Beach. Sussex County reviewed the project and denied the permit using its lawful zoning authority, yet SB 159 shifted that authority to the state so the project could proceed anyway.


Now that decision has been upheld.


If this stands, it sets a precedent that Dover can override Sussex County. and any county, at any time, on offshore wind or any future land use decision. This is no longer just about one project. It is about whether Sussex County has the authority to govern its own land.


The deadline to appeal to the Delaware Supreme Court is the end of April.

County Council meets April 14, and this is their last meeting before that deadline. If the County does not vote to appeal before then, there will not be enough time to file. The court’s decision will stand without challenge, and Sussex County will lose its ability to contest the state’s override of its zoning authority in this case, clearing the path forward for offshore wind without resistance.


The Sussex County Council will meet Tuesday, April 14, 2026, to decide whether to appeal.

Residents should contact County Council today by phone or email and urge them to vote to appeal the SB 159 decision on April 14. Be respectful, be direct, and ask for a response. Tomorrow is too late.


District 5 - John Rieley - (302) 858-8649 

 

District 4 - Doug Hudson - (302) 542-1432 

 

District 3 - Jane Gruenbaum - (302) 362-9067

 

District 2 - Steve McCarron - (302) 542-0661

 

District 1 Matt Lloyd - (302) 855-7743 

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To confirm the Council Member for your district, click here and enter your address in the search field.


Subject: Please Vote to Appeal SB 159 on April 14


Dear Sussex County Council Members,


Please vote to appeal the SB 159 decision to the Delaware Supreme Court at your April 14 meeting. If no appeal is filed by the end of April, the ruling will stand and Sussex County will lose its ability to challenge the state’s override of its zoning authority.


I respectfully ask for your support and a response.


Thank you,[Your Name]


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