SENATE BILL NO. 303
AN ACT TO AMEND CHAPTERS 26, 43, AND 69 OF TITLE 9 OF THE DELAWARE CODE RELATING TO ZONING AND SUBDIVISION IN SUSSEX, KENT, AND NEW CASTLE COUNTIES; AND PROVIDING A LIMITATION ON THE LIABILITY OF CERTAIN PARCELS SEEKING JUOICIAL REVIEW OF ZONING, SUBDIVISION, AND LAND USE DECISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
WHEREAS. there Is concern among members of the General Assembly that citizens and associations of citizens, In the exercise of their legitimate rights to seek judicial review of zoning, subdivision, and land use decisions, might be subjected to unjustifiable threats of retaliatory litigation. that would inhibit the exercise of those rights and thereby have serious detrime-tal eff.•:ti upon citizen;, and their en]oyment of life and the environment, and
WHEREAS, the Gereral Assembly theref:•e deems It de;ir.±be to enact a law to be known as the "Citizeril Bill of Rights Act" t) pot:t citizens fto.a such threats and to assure that citizen; will not be Inhibited tne e,erclse of their rights to judicial review of land use decisions, so that tnaee will ce a full and fair opp,,,t,,niti for citizens to be heard;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE'
Section 1. Amend Chapters 26, 49. and 69 of Title 9 of tt'e Del a z Code by adding
thereto new sections 2699, 4999, and 6999, respectively, which sectiJn, shail read as follows:
"Court Review_ Of_land Use Actions:, Limitations on Liability c' Individuals and Associations
Any individual or association of individuals that challenge; or opposes a zoning, subdivision, or other land use application, and seeks judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court."
Approved December 17, 1987