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Sponsor says council must comply with court order as logistics‑center resolution moves forward amid traffic concerns
Summary
Council members debated a resolution to comply with a judicial order related to a proposed logistics center at Routes 301 and Jameson Corner Road; sponsor said the vote is procedural while others pressed for legal counsel and raised concerns about incomplete DelDOT traffic studies and neighborhood impacts.
Councilman Carter told New Castle County’s Land Use Committee on Jan. 6 that a resolution tied to a proposed logistics center at the southwest corner of Routes 301 and Jameson Corner Road is before the committee solely to comply with a judicial order that is under appeal.
"It's written into the resolution... to comply with the judicial order that is currently under appeal," Carter said, adding the committee should not treat the measure as a policy endorsement. He asked the committee to take care not to take action that could jeopardize the county’s position in the pending appeal.
Several members said compliance with the court order places the committee in a constrained position but defended the need to follow the judiciary. Councilman Kaneko said DelDOT had acknowledged in correspondence that longer‑term infrastructure studies were underway but incomplete and criticized prior agreements that committed state and county resources without finalized data. "The traffic there is out of control," he said, describing heavy congestion at nearby intersections and warning the plan would place large trucks into already congested areas.
Members discussed seeking legal advice. Councilman Street asked whether the county attorney could provide an opinion; outside counsel and county counsel recommended a counsel‑to‑counsel briefing or an executive session to limit liability and to explain the appeals process. Counsel noted the matter is on appeal to the Delaware Supreme Court.
A public commenter, Dale Swain, urged the county to adopt proactive regulations for large‑scale warehouse and logistics sites and argued such facilities should be sited in industrial areas rather than between subdivisions. "This should have never ever been situated between Bayberry and Whitehall near developments," Swain said.
What happens next: The sponsor said the resolution will return to the committee next Tuesday for further work; council members flagged the option of a closed briefing with counsel to address legal questions before any committee vote.
