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.