Restaurant Remains Open; Town Gets $6K for Legal Fees
After nearly two months of closed-door negotiations, Dewey Beach and developer Highway One have reached a settlement in a dispute over Jimmy’s Grille. The restaurant will remain open, while Highway One will pay the town $6,000 to cover its legal expenses.
Commissioners voted to approve the settlement following a Friday, Sept. 4 executive session.
Jimmy’s Grille agreed to move its stage, remove one table not covered by the structure’s roof and install two railings to better demarcate the bar area. By the start of next season, May 21, 2010, Jimmy’s Grille agreed to replace the bar stools currently used as dining seating with stools that have backs.
In return, Jimmy’s Grille will not be forced to install aluminum garage doors, nor will it be required to roll down vinyl window covers at 11 p.m.
The town will drop the citations issued to Jimmy’s Grille for operating with an altered floor plan, and in turn, Highway One will drop a July 9 lawsuit filed in the Court of Chancery.
The developer will pay $750 for a certificate of occupancy and $6,000 to cover the town’s legal expenses.
“I think that shows very good faith on the part of the developer,” said Mayor Dell Tush.
Following the opening of Jimmy’s Grille on Memorial Day, town officials issued the comfort-food eatery 32 citations for operating in violation of the floor plan approved by the planning and zoning commission. Dewey officials said Highway One principal Alex Pires was obligated to install aluminum garage doors on the pavilion-style building; the doors were to be rolled down by 11 p.m.
The town had scheduled a hearing to discuss and possibly revoke the conditional use permit on July 10; however, the developer sued the town in the Court of Chancery July 8.
Both parties agreed not to discuss the suit with the public, sparking outrage at the July 10 council meeting.
Pires declined to comment.
By Rob Kunzig