Dewey Beach Enterprises (DBE), your new neighbors that own Ruddertowne, filed a second lawsuit against the town on March 17 in DE Chancery Court. The suit claims that the newly adopted zoning code is illegal, arbitrary and capricious and was adopted in violation of Dewey Beach Enterprises procedural due process rights. DBE is asking the court enter a permanent injunction prohibiting the Town from enforcing, relying on or taking any action based on the Dewey Beach’s new zoning code (Ordinance 634). DBE further claims our Town’s new zoning code is “illegal, invalid and of no lawful force and effect.”
This is the newly adopted zoning code that your town volunteer commissioners have worked for years to rewrite. The town has spent tens of thousands of dollars supporting this monumental task and many of you have spent countless hours over the past few years participating in public hearings. Now the developer wants to have it declared null and void. Essentially the developer wants us to start all over again. Apparently if the town code is not what they want personally, they sue. This is the same developer that claims they want to be a good neighbor…you decide? We will report more details as they emerge. We have posted a copy of the DBE Complaint on our website at www.preservedeweybeach.com We have posted a copy of the Complaint here on our Website. View Complaint »
35 Foot Charter Change in trouble in the Legislature?
Who Are The Good Guys?
At the same time, some legislators are now questioning whether our 35 ft charter change is unconstitutional because it does not allow applicants a right to appeal the 35 foot height limit. We have consulted land use and constitutional law attorneys who all believe this claim no legal merit. Our Town Attorney also supports that position. Having a 35 foot limit in our Charter is what we all worked so hard for the past two years. That’s the whole idea – our town wants a 35 foot height limit, no exceptions….no appeals. Over 850 voters supported this and we want our legislators to support our desire to do what the majority of the property owners feel is best for our town.
Dewey Beach Enterprises lobbied heavily against our referendum last year…are they at it again? It’s time put this height limit to rest once and for all. First Dewey Beach Enterprises didn’t like our laws governing our town height limits, now they don’t like our entire town zoning code? Good neighbors respect and work within the laws of their town. For DBE, if the laws of our town don’t work for them, they simply sue. It’s time to put an end to this type of interference for personal financial gain.
During this past Saturday’s Town Council meeting Dewey Beach Enterprises donated 5K to the police and lifeguards to offset the financial duress of the town, duress due in part to legal fees from the Town defending the Town Board of Adjustment from the lawsuit DBE filed against them earlier this year. And after donating the money directly to police and lifeguards at the beginning of the Town meeting, later in that same meeting DBE asked Town Council for a special exception to bypass the required conditional use permit process allowing them to change a non-conforming restaurant (Crabbers Cove) to a conforming restaurant with the addition of a major bar area.
The Council voted to require DBE to follow the prescribed conditional use permit process. Just days later DBE filed yet another lawsuit against the Town of Dewey Beach and they are now naming all five of your volunteer Commissioners in that lawsuit. Apparently, their new tactic is to intimidate Town Council members by naming them individually as defendants in the lawsuit. Are these your good neighbors?