Del. Supreme Court Hears Ruddertowne Arguments - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Del. Supreme Court Hears Ruddertowne Arguments

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DOVER, Del.- The decision on whether a lawsuit filed against the Ruddertowne project in Dewey Beach should be heard now lies with the Delaware State Supreme Court.

The five Supreme Court Justices heard oral arguments Wednesday in the lawsuit filed by a group of concerned Dewey Beach residents opposed to the deal between the Town of Dewey Beach and the developer, Dewey Beach Enterprises. The mutual agreement and release, or "MAR," allowed the developer to build above the town's 35-foot height restriction.

The attorney representing the plaintiffs, Michael McDermott, argued the MAR didn't enact any amendments to the town's zoning laws and subsequently, a 60-day statue to file an appeal does not apply.

Shawn Tucker, the attorney representing Dewey Beach Enterprises, says the appeal was filed beyond that 60-day period and that the town hosted a sufficient amount of public hearings on the Ruddertowne project.

If the Supreme Court rules in favor of the plaintiffs, the case will be heard in Chancery Court. A ruling is expected within 90 days.

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