Dewey, developer continue settlement talks

By CPD | Published: September 3, 2010

By Sarah Lake | Aug 28, 2010 | Coast Press

DEWEY BEACH — Attorneys representing Dewey Beach Enterprises have confirmed that settlement discussions regarding multiple lawsuits filed against the town are under way.

Shawn Tucker of the Dover-based Drinker, Biddle & Reath said he met with town attorney Glenn Mandalas Aug. 19, and is now awaiting a response regarding the latest proposal for settlement.

Tucker would not comment on the specifics of the conversation, but said height and density were discussed.

“I think there is a compromise that would be to everyone’s benefit that is immediately available if the town were to analyze the situation rationally and logically,” he said.

Mandalas could not be reached for comment.

The town declined to accept a June 11 offer of settlement and, in a June 15 letter to DBE attorneys, Town Manager Diana Smith terminated further discussions until a decision was rendered by the Supreme Court of Delaware.

Since then, the Supreme Court ruled in favor of DBE, holding that the developer’s plans for a mixed-use facility at Ruddertowne did comply with the town’s zoning code.

DBE filed a fourth lawsuit against the town Aug. 12, challenging a newly enacted building height ordinance that the developer said unlawfully targets their property.

As conversations ensue behind closed doors, residents have been pitted against each other, some urging settlement and others, such as Michael Durkos saying it’s too early to “throw in the towel.”

Durkos labeled DBE’s litigation as “corporate bullying.”

“A tactic commonly used by wealthy corporations is to employ their team of attorneys to intimidate and wear down the resolve and resources of a small town like Dewey,” he said. “This demonstrates an arrogance that is unparalleled by any other corporate enterprise in our town.”

Former mayor Pat Wright said DBE has been treated unfairly and continued litigation is wiping out the town’s funds.

“The town needs to settle,” she said. “We all have to get along, commercial and residential.”

Bill Lower, a spokesman for DBE, said that given the recent state court rulings, any citizen concerned with the best interests of the town should encourage prompt settlement.

“The federal complaint filed by DBE demonstrates that the town, as well as certain specific town officials, acted improperly to undermine DBE’s lawful plans,” he said.

Still, some residents say settlement would be a mistake.

Joy Howell, president of the Citizens to Preserve Dewey, said her organization is concerned for several reasons, including further lawsuits should the town allow DBE to build over the 35-foot height limit.

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Our Opinion – Chuck and Shelly

By CPD | Published: September 1, 2010

Dear Honorable Mayor and Town Commissioners of Dewey Beach,

We, the members of the Pier Point Family Partnership wish to commend all of you on the stand that that you have taken to this point, against the numerous lawsuits that have been filed against the Town and some of you individually by Harvey Hanna and Dewey Beach Enterprises.

We also hope, that during your executive sessions and during the negotiations that you are engaging in with DBE, that the maximum height limit for the Town of Dewey Beach is not compromised in the interest of settling the pending lawsuits. While the Court has ruled against the Town on the density issue it is our understanding that the height issue has not been decided and we believe this matter should continue through the Courts until a decision is rendered. It is our belief that should you compromise the 35 foot height limit for DBE you will send a message to others who desire a greater height limit, in any other area, that this can be accomplished through the filing of multiple lawsuits against the Town and the Town Leaders. Any height compromise for RBE would probably place us in a position to renew our argument from a couple years ago that all properties in RB-1 be treated equally.

We ask all of you to honor your campaign promises, to continue upholding the will of the people, where the majority have repeatedly expressed their desire to maintain the Dewey Beach height limit at 35 feet.

Respectfully,

Charles H McKinney Sr
Georgia McKinney
Homer Illian III
Eugene Illian
Carla Rickards
Charles H McKinney Jr
Myra Karlik
Donald McKinney
Ronald McKinney

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Setting the Record Straight: Cape Gazette letter to the editor

By CPD | Published: August 30, 2010

To the Editor:

I have been wondering when Pat Wright would re emerge from her home at Kings Creek Country Club to take up the cause of Dewey Beach Enterprises again.

When I first read her letter to the editor last week, “ Outside Dewey interests need to pack bags” I thought she was talking about herself. Since she doesn’t live in Dewey and only owns commercial property here, it is not surprising that she favors commercial developers.

What is surprising is that she attacks the homeowners here who also own homes elsewhere and yet love Dewey so much they volunteer hundreds of hours to work for the town. She filed ethics charges three years ago against volunteers trying to serve the town, including Commissioner Diane Hanson who has served this town selflessly and bravely, charges later dismissed. Pat Wright also attacked David King, who was later recognized for his outstanding service and named Volunteer of the Year. Why would a former mayor do that? Unfortunately, Pat speaks out for Dewey Beach Enterprises who has sued the town five times, and also for commissioners who sexually harass their colleagues. She contributes to the Alice in Wonderland fantasy that somehow Dewey Beach Enterprises ( DBE) is the victim rather than the aggressor. The facts say otherwise.

A number of us who have homes elsewhere spend more time in Dewey Beach than “ fulltime” residents who spend much of the year in the Bahamas or Florida. Property owners from Newark and Wilmington and Philadelphia and Washington, D. C. serve on town committees in Dewey year round, and if we didn’t, we wouldn’t have the results or the volunteer spirit that makes this town so special. We work side by side together, property owners from all areas, making Dewey a great East Coast beach town.

When the nor’easters strike, we’re the ones calling our neighbors who are away and worried about their properties flooding, whether those neighbors are “ locals” who happen to be in Florida or Wilmington or part time residents. We all join together to decorate town beach fences, organize holiday parties to promote festive spirit and pull weeds for town beautification. It takes all of us working together to make the town special and it shows. The town has some issues like noise, public intoxication, litter and a little too much partying, but most of us like the live entertainment here and enjoy the big venues as well as the small ones.

By far the most important issue here is that over 86 percent of the town’s voters voted to keep our height limit at 35 feet. A month ago, almost a hundred locals and out of town owners spent three hours at a town meeting to support the town commissioners in strengthening the 35 foot ordinance. Whatever our other differences, we are all united in preserving a beach town we live in and love. Unfortunately, we have one citizen here who doesn’t want to be a good neighbor. DBE wants to violate two of the town’s laws by building a 68 foot hotel. We now have five lawsuits against the town from a bully who doesn’t respect our laws. Who do you stand with? It’s not too late to join with us and ask big and small, in town and out of town property owners to respect our laws.

Joy Howell Dewey Beach

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