Rejection of condo-single family conversion of Rehoboth shopping center upheld by Supreme Court

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The Delaware Supreme Court upheld a Chancery Court ruling made in favor of the City of Rehoboth Beach in a condominium zoning dispute.

The owner of the Ocean Bay Mart shopping center now known as Rehoboth Beach Plaza has long sought to redevelop the property as a residential community.

 

Owner Keith Monigle sought to have a condominium project with detached homes on the nearly eight-acre property, citing that city’s development pattern.

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Monigle’s attorneys claimed the project had “vested rights” that pre-dated actions by  the city.

City Commissioners voted in favor of zoning that requireed one building on the property, with the finding that  Monigle was aware that a change was in the works, but did not submit plans.

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