Rehoboth Legal Battles Continue Over Pool Moratorium - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Rehoboth Legal Battles Continue Over Pool Moratorium

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REHOBOTH BEACH, Del. - It has been almost two months since the town of Rehoboth Beach placed a moratorium on the construction of new pools. In response, the town has found itself in a legal dispute, already lasting close to a month.

The dispute began when one landowner, at 200 Laurel St., objected to the policy, saying that it shouldn't apply to their land. In a 22-page complaint to the Chancery Court, the property owner E & R Enterprises said that the delays will cause significant economic damage, and a loss of business.

In court documents, attorneys for E & R Enterprises said that they submitted their application for building permits on September 15, when the city had "no restrictions prohibiting the granting of a building permit for the construction of pools."

It was not until four days later, on September 19, that a resolution was formally filed for a public hearing on the subject. Their attorneys argue that applying the moratorium for an application that preceded it would be illegal and unfair.

"We tried to be as reasonable as possible, " said Richard Perry, one of the two developers from the company.

Perry, who is a Rehoboth Beach local, said that the moratorium could mean an entire summer season of rentals down the drain. Currently, the land is a dirt patch, with no construction underway.

"We have been prevented from constructing the property in a timely manner," Perry said. "That would have allowed us to utilize it for it's business potential."

The moratorium began in September, when neighbors started to complain about noise and lighting from pools at large homes. In previous interviews, town officials said that this moratorium would only be temporary, until an ordinance could be drafted to deal with these pools.

This month, the case was moved away from Chancery Court, instead to be heard in District Court. That means more time and money will go towards this legal battle in Rehoboth Beach.

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