OAK ORCHARD, Del. — The long-running fight over Stillwater Harbor, a proposed 123-home subdivision on 57 acres along River Road, may soon end as the Delaware Supreme Court prepares to rule. Sussex County officials and a Superior Court judge previously rejected the plan, citing flooding, drainage and environmental concerns. The Sussex County Planning & Zoning Commission denied the application on June 22, 2023, a decision the County Council later upheld. The developer appealed to the Superior Court, but Judge Mark Conner turned down the request last summer.
The case now rests with the state’s top court. The developer claimed the commission missed a 45-day voting deadline on the initial submission and argued the project met county code. Conner ruled otherwise, saying the commission kept the record open until June 8, 2023, to collect more data, resetting the timeline. The denial came 14 days later, within code limits. Though the plan met some requirements, the commission listed 11 deficiencies. River Road, ranging from 42 to 46 feet wide, fell short of the 50-foot minimum for public access. Flooding, which hits the road five to seven times a year, remained a key issue. A proposed emergency access via the 12-foot-wide, unimproved Jackson Draine Lane was deemed insufficient. The plan offered buffers around wetlands and farmland, preserving 12 acres of woods while clearing 42. A stormwater system aimed to reduce flooding impacts. Still, Conner found the county’s rejection reasonable and not arbitrary.
