Land Use & Zoning

What is 'vested rights' in Delaware land use law?

AThe rights of longtime Delaware landowners that predate the state's existence
BThe principle that a developer who has relied in good faith on a permit or approval by making substantial expenditures has 'vested' rights to complete the development even if zoning changes✓ Correct
CRights that become permanent after a property has been owned for 20 years
DThe rights of property owners to challenge zoning decisions in court

Explanation

Vested rights protect developers who have relied in good faith on an existing permit or approval by making substantial investment before a zoning change. Once vested rights are established, the developer may complete the project under the old regulations even if the municipality subsequently changes the zoning. Delaware courts analyze vested rights on a case-by-case basis.

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