CHAPTER 467

AN ACT TO AMEND CHAPTER 81, TITLE 10, DELAWARE CODE, RELATING TO LIMITATIONS OF ACTIONS BY IMPOSING LIMITATIONS RELATING TO ZONING OR LAND SUBDIVISION ORDINANCES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 81, Title 10, Delaware Code, is amended by adding thereto a new Section 8125 to read as follows:

§ 8125. County and municipality zoning and planning actions

(a) No action, suit or proceeding in any Court, whether in law or equity or otherwise, in which the legality of any ordinance, code, regulation or map, relating to zoning, or any amendment thereto, or any regulation or ordinance relating to subdivision and land development, or any amendment thereto, enacted by the governing body of a County or municipality, is challenge, whether by direct or collateral attack or otherwise, shall be brought after the expiration of 60 days from the date of publication in a newspaper of general circulation in the County or municipality in which such adoption occurred of notice of the adoption of such ordinance, code, regulation, map or amendment.

(b) No action, suit or proceeding in any Court, whether in law or equity or otherwise, in which the legality of any action of the appropriate County or municipal body finally granting or denying approval of a final or record plan submitted under the subdivision and land development regulations of such County or municipality is challenged, whether directly or by collateral attack or otherwise, shall be brought after the expiration of 60 days from the date of publication in a newspaper of general circulation in the County or municipality in which such action occurred of notice of such final approval or denial of such final or record plan.

Approved August 12, 1968.