Many thanks for the huge number of letters sent to the General Assembly supporting HB 50. Personal letters from the constituents carry a lot of weight.
The House Administration Committee, chaired by the Majority Leader Pete Schwartzkopf, met at 3 p.m. yesterday, April 29, to hear a number of bills including HB 50. The Mayor, Commissioner Hanewinckel and Commissioner Hanson represented The Dewey Beach Town Council. Against the wishes of the other commissioners and CPD, the Mayor made the decision to not have the Town Attorney present at the hearing. CPD representatives Marcia Schieck, Joy Howell and Rick Judge were at the hearing and were accompanied by their attorney, Ken Kristl, the author of the legal opinion on the constitutional validity of HB 50. There were also a number of Dewey Beach voters and CPD supporters that traveled to Dover to support the bill. All those in attendance spoke on the record in support of our bill.
As you know, at issue was the question of whether HB 50 was unconstitutional as it did not allow for a due process right of appeal. Our Town Attorney, Glen Mandalas, and CPD attorney Ken Kristl did not believe that an amendment was needed to our charter change bill. (You can view Mr. Kristl’s legal opinion on our website at www.preservedeweybeach.com).
Representative Hocker, sponsor of HB 50, presented the bill. Representative Hocker put on the record that over 85% of the voters were in favor of HB 50 and that he had heard from three attorneys on the necessity of an amendment for the right of appeal. Two attorneys said it was NOT necessary and one said it was necessary. Due to the overwhelming support of the voters, the letters of the last 24 hours and the support of those present, the Committee voted to release HB 50 to the General Assembly for passage, CONTINGENT UPON AMENDMENT LANGUAGE BEING ADDED FOR A RIGHT OF APPEAL.
Depending on how this language is drafted by the House attorneys and whether there can be agreement on it by all sides, HB 50 is going forward. Our hope is that any amendment language allowing appeal to the Board of Adjustment will not make it easier for a developer to appeal and then sue the town over and over.
We are very disappointed that our Town Attorney was not present to argue the right of appeal argument since this was the single item at issue.
However, depending on the language of the amendment which will now be drafted, HB 50 could still be a big step forward in protecting Dewey Beach’s height limit of 35 feet.
We will need your help when HB 50 is voted on by the General Assembly, and we will need your support once more to write our Senators.
When we receive the amendment language we will send you the full language of HB 50. We very much look forward to working with the Town and the State’s attorney on the amendment.
We have all worked very long and hard to get this signed into law. Please accept our most sincere appreciation for your commitment and your continued support. And many thanks to the Committee that voted to move HB50 forward.
Joan Claybrook, Marcia Schieck, Rick Judge and Joy Howel
CPD