By Andrew Ostroski • Staff Writer
DEWEY BEACH – The continuing battle over building requirements has come to a head, as a group of area developers has filed a lawsuit against the town of Dewey Beach to overturn a previous ruling against them.
Through a motion filed in Delaware Superior Court, development group Dewey Beach Enterprises — which owns bayfront entertainment area Ruddertowne — is attempting to have plans for a re-developed Ruddertowne approved. Dewey Beach building officer William Mears approved plans for the complex in November, but they were ruled to be non-compliant with town zoning laws two months later by then-town solicitor John Brady. DBE’s argument, according to their attorney, Kathleen Jennings, focuses on the legality of Brady’s claim.
“We took the position at the Board of Adjustment hearing that the building inspector of Dewey Beach is the lawful authority to grant or deny permits,” she said. “The building inspector believed we were in compliance with the building code, but despite his opinion, the town solicitor issued a letter indicating the permit was going to be denied. The building inspector agreed with us, and that should have been the final word.”
The legal action by DBE, Dewey Beach Mayor Dell Tush said, was not unexpected.
“They had indicated that they would probably pursue a lawsuit,” she said. “But they’ve been threatening that since day one, thinking we’d cave in rather than go through a lawsuit.”
DBE’s plans called for a 35-foot-tall mixed-use structure on the site where the parking lot for Ruddertowne is currently located. DBE spent a reported $291,000 on obtaining permits from Sussex County through November and December. Court testimony said Brady sent a letter to DBE on Christmas Eve, saying the project was not compliant. Brady had initially approved the project.
Jennings said the town’s understanding of the law is incorrect.
“The actual code interpretation that the town relied upon was incorrect as a matter of law,” she said.
The action against the town has some residents and property owners troubled. Joy Howell, a property owner, said the battle Dewey Beach is fighting is similar to others along the coast.
“I think many coastal resort communities are facing the same challenges,” she said. “Do you just roll over for any development that comes to town and give up and vision of what a desirable community might be? As a property owner, I would like to see respectful development that adheres to the vision the town planners have for Dewey Beach.”
By Andrew Ostroski aostroski@dmg.gannett.com