Rehoboth seeks to dismiss BeachWalk suit

Attorneys for Rehoboth Beach have filed a motion to dismiss an appeal brought by the developer of BeachWalk, a proposed 63-unit development off Route 1.

The city’s attorney, Max Walton, argues that BeachWalk is required by city code to file as a major subdivision.

In its initial filing, attorneys for BeachWalk developer Keith Monigle argued that the planning commission and city commissioners were bound by a May 2016 board of adjustment decision  that allowed BeachWalk to build more than one building on a lot. In its ruling, the board reasoned that the code was vague as to how many buildings could be built on a lot. Following that decision, BeachWalk’s application went before the planning commission for a site-plan review. In October 2016, the planning commission determined BeachWalk was a major subdivision and should apply as such.

To clarify the code, in November 2016, the city commissioners passed an ordinance mandating that no more than one single-family home can be built on a lot. Walton argues that because of this ordinance, BeachWalk must submit a major subdivision application.

In his motion to dismiss, Walton said BeachWalk has no vested right that allows Monigle to proceed under land-use laws in place at the time the BeachWalk application was filed.

Walton said the Delaware Superior Court - where BeachWalk’s appeal was filed - has no jurisdiction over vested land rights. Land rights cases should be reviewed by the Delaware Court of Chancery, he said.

Monigle is seeking to build 58 single-family homes and a five-unit apartment building on a 7.75-acre parcel currently being used as the Rehoboth Beach Plaza shopping center. Monigle filed his application as a condominium development, meaning the land was not going to be subdivided and all the units would be built on one parcel. As a condominium, BeachWalk would not have to comply with the stringent major subdivision standards for street size, setbacks and open space, among other things. As proposed, most of the homes were five to six bedrooms with five to six bathrooms.

The project was quickly opposed by neighbors and city residents, who, while welcoming redevelopment of the property, raised safety issues about the density of the homes, the lack of sidewalks and its narrow 20-foot-wide drive aisles instead of streets. They also said the homes appeared to be designed not for families but for the rental market.