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Two News Articles
Here are two news articles in word document format:
CPD News Release-Bully of Dewey Beach final 9-1-10
CPD - Revised No Settlement letter to Commissioners Aug 20 2010
Dewey, developer continue settlement talks
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.
Our Opinion - Chuck and Shelly
Dear Honorable Mayor and Town Commissioners of Dewey Beach,
We, the members of the Pier Point Family Partnership wish to commend all of you on the stand that that you have taken to this point, against the numerous lawsuits that have been filed against the Town and some of you individually by Harvey Hanna and Dewey Beach Enterprises.
We also hope, that during your executive sessions and during the negotiations that you are engaging in with DBE, that the maximum height limit for the Town of Dewey Beach is not compromised in the interest of settling the pending lawsuits. While the Court has ruled against the Town on the density issue it is our understanding that the height issue has not been decided and we believe this matter should continue through the Courts until a decision is rendered. It is our belief that should you compromise the 35 foot height limit for DBE you will send a message to others who desire a greater height limit, in any other area, that this can be accomplished through the filing of multiple lawsuits against the Town and the Town Leaders. Any height compromise for RBE would probably place us in a position to renew our argument from a couple years ago that all properties in RB-1 be treated equally.
We ask all of you to honor your campaign promises, to continue upholding the will of the people, where the majority have repeatedly expressed their desire to maintain the Dewey Beach height limit at 35 feet.
Respectfully,
Charles H McKinney Sr
Georgia McKinney
Homer Illian III
Eugene Illian
Carla Rickards
Charles H McKinney Jr
Myra Karlik
Donald McKinney
Ronald McKinney