Delaware
Delaware judge allows school districts to issue higher commercial tax rates
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The Delaware Court of Chancery threw out a lawsuit regarding recent New Castle County property reassessments, clearing the way for updated tax bills to go out in November.
The original post-assessment property tax bills were sent out in July. State lawmakers, reacting to massive backlash from homeowners facing high tax bills, approved a statute in an August special session that allowed county school districts to issue higher rates for commercial properties for the 2025-2026 tax year, similar to what the county and city of Wilmington had already implemented.
New Castle County school districts then promptly issued new tax warrants, with the tax rates for nonresidential properties climbing from 35% to 80%, while lowering rates for residential properties.
Apartment trade organizations and mobile home operators challenged the new law in September, calling it unconstitutional. Chancery Court Vice Chancellor Lori Will heard arguments in the case on Oct. 20.
The plaintiffs had six arguments, including that the statute violated the state constitution’s uniformity clause, that it was “regressive” and that it unlawfully shifted the tax burden from homeowners onto lower-income renters and residents of manufactured homes. They also argued school districts illegally benefited from increased tax revenue without first holding a referendum.
Will rejected those arguments, saying the General Assembly has the authority to create and change classes of property.
Will said lawmakers’ concerns that homeowners would be less likely to be able to afford tax hikes than commercial properties was reasonable.
“Our constitution does not demand perfection from a tax system,” she wrote in her opinion. “To be unconstitutional, the system’s flaws must be pervasive and systemic, meaning that they are widespread and built into the system itself.”
Will also dismissed plaintiffs’ surprise revelation in early October that New Castle County was moving to reclassify more than 1,400 properties, shifting more than $1 billion in assessed value from residential to commercial.
“The isolated examples of misclassification are correctable administrative errors, not evidence of a system deliberately designed to be non-uniform,” she wrote.
Delaware
Thousands moving to Delaware County fuels need for more housing
DELAWARE COUNTY, Ohio — People in Delaware County said it feels like new housing developments are popping up on every corner.
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“What haven’t you noticed, right? The whole area just exploded,” said Scott Shonebarger.
Scott Sanders, the executive director of the Regional Planning Commission, said companies like Intel and other industries are a main driver for thousands of people moving to Delaware County.
With the big boom comes an urgent need for more housing.
John Wicks is the developer at Real Property Design and Development.
He has spent over a decade building homes for families in Delaware County.
Wicks said the Olentangy School District is one of the hottest spots for new homes.
“I started with one high school up until the 90s, then now we’re up to four up to five different high schools so it’s just a big draw,” said Wicks. “It’s a beautiful community.”
The district has grown into the fourth largest in Ohio with a new elementary school opening next year, and a fifth high school in 2028.
Wicks said the growth has presented some challenges over the years like labor shortage and some opposition.
“It’s become a big issue for a lot of people that live in and around these areas. They tend to oppose new growth and new development, so restrictions have gotten a little bit harder. Costs have obviously gone up over the last 20 years,” said Wicks.
The planning commission says between 275,000 and 350,000 people could call Delaware County home by 2040.
That’s up from 214,000 in 2020.
Scott Shonebarger said he supports growth but wonders when is enough.
“I mean to a certain extent I think you know at some point right you have to have some sort of boundaries I think, getting into the fact that now you have five high schools,” said Shonebarger. “What’s the limit?”
Delaware
Officer shoots, kills 19-year-old in Wilmington, Delaware, during foot chase, police say
Police in Wilmington, Delaware, shot and killed a 19-year-old man Wednesday night.
The incident happened in a residential area near 24th and Jessup streets just after 11 p.m., Wilmington police said in a news release. The person who was shot has not been publicly identified.
Officers were monitoring a large crowd gathered outside when they saw a man exit a home with a handgun and point it toward the crowd, police say.
When officers approached the man, he ran away and a foot pursuit began, police say.
At some point in the chase, an officer fired their weapon and hit the 19-year-old. The man was taken to a local hospital, where he later died.
Police say they recovered a loaded gun from the man and that the officer was not injured.
Video filmed at the scene shows a crowd of residents gathered outside after the shooting.
Police are asking anyone with more information to come forward. The shooting is under investigation by the Delaware Department of Justice and Wilmington police.
Delaware
Delaware Justice Departing to Head Up New University Law Center
Delaware Supreme Court Justice Karen L. Valihura announced Wednesday that she will lead a new corporate law institute at the Wilmington University Farnan School of Law.
She will step down from the bench of Delaware’s highest court in late July, after choosing not to seek reappointment at the end of her 12-year term. She revealed her plans for the next phase of her legal career in a special session of the court in Wilmington.
As well as joining the Wilmington University law school faculty, Valihura will be the founding director of the school’s new Corporate Law, Governance and Practice Institute. …
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