BY KRISTEN SMITH • STAFF WRITER
DEWEY BEACH – Highway One Limited Partnership has filed suit against the town of Dewey Beach after much debate over the newly constructed Jimmy’s Grille.
The restaurant, which opened its doors Memorial Day weekend, was granted a temporary, 30-day occupancy permit with conditions. One of those conditions included installing garage doors on the gazebo-style building, which were to be closed at 11 p.m. each night, according to Mayor Dell Tush.
That permit expired June 21 and was not renewed, she said.
Named in the suit are the town commissioners, Town Manager Gordon Elliott and building inspector Bill Mears.
In a written statement, Town Solicitor Glenn Mandalas said the town agreed to a gag order in hopes of reaching a swift, amicable resolution.
“All parties believe it is in their best interests to try to amicably settle the lawsuit,” Mandalas wrote. “The parties have, therefore, entered into a stipulated consent order prohibiting any further public comment to the media while the consent order is in effect.”
This is the third lawsuit filed against the town by a business.
The first, filed by Dewey Beach Enterprises in Superior Court against the board of adjustment, awaits a decision from Judge Scott Bradley; the second, filed by DBE against the town commissioners, is in the discovery stage.
In 2007, when Alex Pires first came to the Town Council with his plans, the members granted him a conditional-use approval. However, Tush claims Pires took that approval from Dewey Beach officials to the county, then showed the county a completely different set of plans and had those approved, too.
Pires could not be reached for comment.