A court ruling that cleared the way for two sets of property values to be used by New Castle County will be appealed.
Newark Property Association and a group of commercial property interests contended in their Court of Chancery case that the General Assembly’s approval of legislation (House Bill 242) to allow different rates for residential and non-residential properties was in violation of the constitution. The defendants – several school districts, New Castle County, and the State of Delaware – successfully defended the legislation.
The plaintiffs are planning an appeal to the Delaware Supreme Court. Their motion to stay last week’s opinion pending the appeal was denied by Vice Chancellor Lori Will, who heard arguments October 20th and issued her opinion ten days later.
The Supreme Court is expected to hear oral arguments on the appeal next Monday. The earliest that new tax bills could be issued is November 18th. Related matters will also come up during a Special session of the State Senate this Thursday…