Allowing it to Override County Land Use Decision Impacting Wind Farm
The Delaware Court of Chancery has ruled in favor of the State of Delaware, allowing it to overturn a Sussex County Council decision on a project critical to a planned offshore wind farm.
In December 2024, Sussex County Council voted 4-1 to deny a conditional use permit for an electrical substation proposed by Renewable Redevelopment, LLC on land zoned for Heavy Industrial use next to the Indian River Power Plant. The substation would connect power generated by offshore wind turbines to the regional electric grid.
In making the decision, council members expressed doubts about the proposal’s benefit to Sussex County residents, noting that the electricity it will handle is designated for use by Maryland consumers. In response, the General Assembly passed Senate Bill 159 along party lines last June to override Sussex County’s decision. Democratic legislators backed the bill, while Republicans generally opposed it in support of local jurisdiction.
Sussex County and the Town of Fenwick Island filed a lawsuit against the statute, claiming it violated separation of powers, was improperly titled, constituted illegal “spot zoning,” and conflicted with existing state law.
In a recent bench ruling, the Court of Chancery rejected these arguments and granted summary judgment to the state.
US Wind’s Marwin offshore wind farm will include more than 120 turbines that could generate up to 1.7 gigawatts of electricity at peak production. However, because wind power production depends on variable weather conditions, it cannot be relied upon to deliver a predictable, constant baseload.
Despite the court win apparently removing a hurdle to the substation’s construction, the wind farm’s future remains murky due to uncertain market conditions and a lack of federal support.
