BY ROB KUNZIG STAFF WRITER
DBE Cites Unfair Density Restrictions
Dewey Beach Enterprises is taking the town to task over its freshly minted zoning code – with a lawsuit. Dewey Beach Enterprises (DBE) lawyers said the code is invalid because it contradicts the comprehensive plan by tightening, not relaxing, restrictions on DBE’s Ruddertowne property. They also decried the involvement of David King, who was ordered by the state to remove himself from zoning matters concerning Ruddertowne.
The suit, filed in Georgetown Monday, March 16, asks the Court of Chancery to prevent the town from enforcing its zoning code, declare it illegal and recompense DBE its attorney fees. This is the second legal battle for the Dewey business, which is appealing a board of adjustment decision to deny a building permit for a 35-foot, mixed-use structure.
The suit alleges that the zoning code contradicts the comprehensive plan by assigning more restrictive bulk standards to the Ruddertowne property, located in the Resort Business-1 district. It quotes the plan as mandating RB-1 as a zone of increased commercial density and relaxed bulk standards for contiguous property tracts of at least 80,000 square feet.
Ruddertowne meets both conditions, yet the code grants it no relaxations, making the code “fatally inconsistent” with the comprehensive plan.
The suit also states that David King’s participation injected an anti-Ruddertowne bias into the code. King, vice chairman of the planning and zoning commission, was ordered by the state Public Integrity Commission (PIC) to recuse himself from zoning matters concerning Ruddertowne. The commission decided King’s involvement could skew the code against DBE.
“His personal statements about the development and the developer, when he knew or should have known the development matter could come before him, at a minimum raise the ‘specter of bias,’ and he should recuse from those matters,” wrote Terry Massie, commission chairman.
The suit alleges that King lobbied for stricter bulk standards in RB-1. King said he was careful to back away from zoning matters concerning Ruddertowne, going so far as to consult attorneys.
“I was very careful, whenever there was a question, to consult with the town attorney and PIC,” King said. “There were times when we only discussed RB-1 issues, and I recused myself from public discussion.”
King doesn’t think the new code unfairly squeezes either business or residential property owners.
“This is weighing the needs of the many against the needs of the individual property owner,” King said. “I think the new code is closely aligned with the comprehensive plan.”
PIC attorney Janet Wright said King consulted her once after the commission’s opinion was issued. She said she has yet to see the suit, and could not comment on its particulars or PIC’s future involvement.
Commissioner Diane Hanson says the suit has less to do with the comprehensive plan and more to do with DBE’s development ambitions.
“Their complaint is ridiculous. They’re doing this because they’re not getting what they wanted,” she said, referring to DBE’s efforts to redevelop Ruddertowne.
“I see no validity whatsoever. We’ve gone out of our way to follow the comprehensive plan,” she said.
Mayor Dell Tush said King’s involvement was within the bounds prescribed by the commission. “He was guided by the PIC, to some degree,” she said. “That whole issue was so overblown, anyway. David is a really hard worker, and when it came to the Ruddertowne parcel, he did recuse.”
Dewey Beach town attorney Glenn Mandalas said his firm is reviewing the suit. DBE attorney Shawn Tucker was unavailable for comment. A court date is pending.