Delaware
Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship
Lawsuit fights back at emergency order restriction for churches
Lawsuit fights back at emergency order restriction for churches
Jerry Habraken, Delaware News Journal
The Delaware Supreme Court has agreed with two lower courts that dismissed lawsuits filed by two pastors seeking to prevent the state’s governor from imposing future restrictions on religious worship.
In its opinion issued Thursday, the court said freedom of religion is an essential tenet of democracy and restrictions on religious worship must be viewed with a great deal of skepticism. But the judiciary is not the forum to debate and resolve hypothetical questions regarding the constitutionality of restrictions that were lifted long before any legal action was filed.
“Moreover, public officials who act under emergent conditions and make careful, discretionary decisions based on the best information available are immune from personal liability if those actions are later determined to be contrary to the law,” the five justices said in the opinion. “For those reasons, we agree with our trial courts that the appellants’ claims could not proceed.”
Gov. John Carney’s office did not respond to a Thursday email seeking comment. Lawyers at the Neuberger Firm, one of the firms representing the pastors, said they were still digesting the ruling.
“We have 90 days to look into that which may be an error in an area not often before our state courts,” Attorney Thomas S. Neuberger said.
What the lawsuits argued
The Rev. Alan Hines, of Townsend Free Will Baptist Church in Townsend, and the Rev. David Landow, of Emmanuel Orthodox Presbyterian Church in Wilmington, filed the lawsuits in late 2021 seeking an injunction against future emergency orders that place restrictions on houses of worship such as those imposed by Carney in 2020 as the COVID-19 pandemic spread.
The pastors had sought a declaration that Carney’s emergency orders were illegal, including:
- Prohibiting in-person Sunday religious services
- Preventing indoor preaching.
- Banning singing.
- Barring the elderly from church.
- Prohibiting Baptism.
- Prohibiting the Lord’s Supper.
- Favoring Jewish circumcisions over Christian baptisms.
More: Lawsuits ask that governors’ emergency orders keep their ‘hands off’ houses of worship
The pastors’ lawsuits claimed Carney’s emergency orders early in the pandemic denied them their “absolute religious freedoms.”
Through their lawsuits, the pastors asked Carney and future Delaware governors to keep their “hands off” the church in future emergencies, regardless of any pretense they may offer.
In Carney’s motion to dismiss the case, his attorneys argued the governor is immune from damages for the alleged violations. They also argued for dismissal because the pastors’ violations of rights were “past exposure,” which is “insufficient to demonstrate that there is a current case or controversy entitling them to declaratory relief.”
On Thursday, the state Supreme Court said all the restrictions challenged by the pastors were lifted by June 2020 — more than 18 months before the pastors filed suit in the Chancery Court. That action, seeking injunctive relief against restrictions that no longer were in effect, was dismissed by Vice Chancellor J. Travis Laster after he concluded Chancery Court lacked subject matter jurisdiction.
More: Why a Delaware judge dismissed a lawsuit challenging future COVID-19 restrictions
The Supreme Court then pointed out the pastors transferred the lawsuit to state Superior Court, where Judge Meghan A. Adams also dismissed the action, saying the pastors’ claims for declaratory relief were not capable of being decided by legal principles or by a court of justice. Adams also concluded the governor was immune from being sued for the damages claims.
More: Why a second judge dismissed lawsuits to stop Delaware governor from restricting worship
In a 45-page opinion, the state Supreme Court agreed with both lower courts.
While the case might appear to be done for now, Neuberger’s firm said the state’s highest court made it clear that governors can never issue such orders again and referred to the final page of the opinion where justices wrote:
“Case law that has developed since the Challenged Restrictions were lifted support the view that the restrictions violated Appellants’ rights. Well after the Challenged Restrictions were lifted, the United States Supreme Court issued its opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, in which the Court held that a church and synagogue established that they would likely prevail in proving that occupancy limitations at public places of worship violated the Free Exercise Clause of the First Amendment. A future governor confronted with a future public-health emergency would have the benefit of that precedent, but it was not available at the time Appellee made the decisions at issue.”
Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.
Delaware
50 boys outdoor track and field athletes to watch in Delaware in 2026
Tatnall’s Gavin Leffler wins 3,200 at indoor state meet
With a 28-second last lap, Tatnall’s Gavin Leffler won the boys 3,200 at the Delaware indoor track and field state meet in 9:28.10.
Since the start of 2025, Delaware boys track and field athletes have set 11 state records between the indoor and outdoor seasons.
After a winter season in which 17 performances reached the top five on the state all-time list, Delaware appears poised for another strong spring.
Our list of track and field athletes to watch (presented alphabetically) features athletes from 24 schools who compete in sprints, distance races, throws and jumps. They are the athletes we expect to be among the state’s leaders at the DIAA Championships at Dover High on May 15-16 although many new names could emerge by then.
After defending its indoor track and field state title, Middletown is in search of its second straight Division I championship. Saint Mark’s enters the season as the Division II winner in three of the past four seasons.
2026 Delaware boys track and field athletes to watch
Elijah Annan, sr., Dover
Jason Baker, sr., Cape Henlopen
Derick Belle, sr., Odessa
Suhayl Benson, jr., Howard
Shaun Bosman, sr., Christiana
Elijah Burke, sr., Saint Mark’s
Khalid Burton, sr., Laurel
Isaiah Charles, jr., Caravel
Chukwuma Chukwuocha, jr., Wilmington Friends
Timothy Claessens, jr., Newark Charter
Rodney Coker, so., Odessa
Jaheim Cole, sr., Dover
Josh Cox, sr., Archmere
Calvin Davis, fr., A.I. du Pont
James Dempsey, jr., Salesianum
Will DiPaolo, sr., Cape Henlopen
Logan Elmore, jr., Middletown
Dahani Everett, sr., Caesar Rodney
Jayden Feaster, sr., Middletown
Gabe Harris, sr., Caesar Rodney
Phoenix Henriquez, sr., Smyrna
Christian Jenerette, sr., Odessa
Brandon Jervey, jr., Middletown
Mekhi Jimperson, sr., Caesar Rodney
Benjamin Johnson, jr., Dickinson
Michka Johnson, sr., Hodgson
Trey Johnson, sr., Cape Henlopen
Amir Jones-Branch, sr., Middletown
Alec Jurgaitis, sr., Saint Mark’s
Gavin Leffler, sr., Tatnall
Elijah MacFarlane, sr., Caesar Rodney
Max Martire, sr., Tatnall
Dylan McCarthy, sr., Tatnall
Chase Mellen, so., Salesianum
Zamir Miller, sr., Middletown
Ryan Moody, sr., Sussex Academy
Wayne Roberts, jr., Appoquinimink
Elijah Tackett, sr., Dover
Kai Thornton, sr., Sussex Central
Marc Patterson, sr., Dover
Charles Prosser, so., Salesianum
Riley Robinson, fr., Middletown
Roan Samuels, sr., Salesianum
Douglas Simpson, jr., Cape Henlopen
Jessie Standard, jr., Middletown
Riley Stazzone, sr., Cape Henlopen
Jamar Taylor, jr., Salesianum
Jordan Welch, sr., Sussex Tech
Brandon Williams, sr., Charter of Wilmington
Xzavier Yarborough, jr., Dover
Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com.
Delaware
DNREC’s decision to prohibit data center upheld by state board
What is a data center? Here’s what you should know
Data centers have been popping up all over Arizona. The massive sites have drawn economic praise and resident criticism. Here’s what you need to know.
Project Washington’s prospects in Delaware appear murkier after a board stood on the state environmental agency’s decision to prohibit the data center proposal.
The public hearings with the Coastal Zone Industrial Control Board kicked off in Dover on March 24 at the Delaware Department of Natural Resources and Environmental Control’s Auditorium near Legislative Hall. It finished on March 26 after days of testimony from witnesses supporting and opposing the DNREC decision on the data center, which would be the largest in the state.
Project Washington was prohibited by DNREC in February because the agency said it violated the Coastal Zone Act, which was signed in 1971. Project Washington’s developer, Starwood Digital Ventures, filed an appeal of that decision soon after.
A little more than 30 people attended the meeting on March 24. It was modeled more like a court hearing than a public government meeting. The next two days included testimony from witnesses from both Starwood Digital Ventures’ and DNREC’s attorneys.
The Coastal Zone board consists of nine members, five of which are appointed by the governor and approved by the state Senate. Four other members are the state director of the Division of Small Business and Tourism and the chairs of the planning commissions of each county.
It’s the first time this assembly of the board has been called to action. Board members said they are making decisions on a fact and law basis, and are trying to cut out the noise this project has caused on social media and in other public meetings.
Witnesses and experts explained a ton of technical definitions for generators and got into the nitty-gritty of emissions and infrastructure. It was up to the board to take those facts in stride and make their decision.
“What we have to do is come back to the purpose of the appeal,” said Willie Scott, a member of the board during a break between sessions on March 24.
They voted unanimously to uphold the DNREC decision to prohibit the project based on the Coastal Zone Act.
Courtroom-like arguments for and against the data center
The hearing on March 24 began with opening arguments. Attorneys for Starwood Digital Ventures, Project Washington’s developer, argued that Project Washington’s purpose and infrastructure fall outside of the Coastal Zone Act’s regulations, and that DNREC’s definitions of smokestacks and tank farms are flawed.
“It fails every element of the statutory definition, as interpreted by the Delaware Supreme Court and the Delaware Superior Court,” said Jeff Moyer, an attorney representing Starwood. “Its limited diesel infrastructure is not a tank farm within any reasonable meaning of that term, and each of the core three functions of Project Washington – data storage, electrical infrastructure and backup power – are all expressly not regulated.”
DNREC’s attorneys argued the data center campuses fall under heavy industry in a modern context, and it is the kind of project the act is intended to kill. They also argued it has a potential to pollute when backup generators are working if the power fails.
“The law requires that it be prohibited, not recharacterized, not broken into pieces and minimized, but prohibited,” said Michael Hoffman, attorney representing DNREC. “Over the course of the next few days, we will show that Starwood’s proposed hyperscale data center is one such project.”
Closing arguments on March 26 reiterated arguments from both sides, and the board voted to stand with DNREC.
How Project Washington and DNREC got here
The Coastal Zone Act prevents heavy industrial projects from developing along the Delaware River and Bay, Chesapeake and Delaware Canal, Atlantic Ocean, Indian River Bay and other Sussex County bays. The 14 projects that have been grandfathered include the Delaware City Refinery and the Port of Wilmington.
Project Washington’s proposed site falls within the defined coastal zone, which extends west to Dupont Highway in that specific spot. In February, DNREC said the massive data center is prohibited, stifling the project while it worked through state and county permits.
It would be 11 two-story data center buildings surrounded by electrical fields on two large land parcels north of Delaware City accessible by Hamburg Road, Governor Lea Road and River Road.
DNREC’s beef with the project is in the backup generators and their accompanying diesel tanks. The data center is proposed to run 24 hours a day, seven days a week, 365 days a year. If power goes out, it needs to use the backup generators to keep running. DNREC’s decision says the project includes some 516 double-walled diesel fuel belly tanks, each capable of storing some 5,020 gallons of fuel. That’s about five acres of tank farm.
There would be 516 backup generators with 516 smokestacks, which DNREC said in its original decision is the exact type of infrastructure the Coastal Zone Act targets by prohibiting “heavy industrial” projects.
Starwood Digital Ventures, appealed the decision, mentioning countervailing factors including avoiding wetlands, no direct surface water discharges and projected economic benefits.
Their appeal said the original DNREC decision “solely focuses on alleged environmental risk and worst-case emissions, and does not fairly weigh or explain these countervailing factors in light of regulating criteria.”
Jim Lamb, who is handling media communication for the project, said the backup generators would only run 37 to 45 minutes per month just to test if they are operational. Project Washington will also use a closed-loop cooling system, limiting its water intake.
The appeal required a hearing, which is the first time the board made a decision since 2021.
The developer of the project did not immediately respond to Delaware Online/The News Journal’s request for comment. New Castle County officials did not immediately respond to either.
Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.
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