Downstate Delaware development gets court approval to proceed

A four-year legal battle to block a developer’s plans for a section of Dewey Beach has resulted in a Chancery Court decision in favor of the builder.

Dewey Beach Enterprises and the Town of Dewey Beach were taken to court by several property owners over a mixed-use plan for the property off Coastal Highway on the bay side of the town.  The plaintiffs had issues with the height of some of the proposed buildings, which would include a hotel, condominiums and retail space.  Those who objected also took issue with the approval process Dewey Beach undertook in granting permits for the project. 

An opinion from Delaware Chancery Court has now concluded that the plaintiffs “failed to demonstrate any legal rationale for overturning longstanding Delaware precedent in land use decisions.” 

In a statement, Dewey Beach Enterprises says “it is past time for the litigation to end and the redevelopment project to move forward consistent with the Town’s Comprehensive Plan.  The mixed use project at Ruddertowne will be of major economic benefit to the local economy, providing hundreds of construction and permanent jobs, and will be an asset to the community for decades to come.”