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A citizen group’s effort to overturn Milton’s contract with Tidewater Environmental Services has been delayed after attorneys for developer Key Ventures LLC joined the town’s defense team.
A hearing on two motions to dismiss a suit that alleges the Town of Milton and its partners illegally entered into a contract has been rescheduled – for the second time. A hearing is now set Friday, Dec. 7, in Sussex County Superior Court.
In July, the Coalition for Transparent Government, led by Milton residents John Collier and Marion Jones, filed suit against the council, Tidewater and Key Ventures.Among 12 counts of improper conduct and Freedom of Information Act (FOIA) violations, the coalition says the council and Key Ventures entered into an illegal contract-zoning agreement.
That count charged that town officials were wrong to grant Key Ventures increased density on 66 acres in exchange for 20 acres, gifted to the town, for a new wastewater treatment plant.
In September, Milton attorney John Brady filed a motion in Superior Court to dismiss the suit, but Georgetown-based attorney Rob Witsil, retained by Key Ventures and Delaware Land Ventures LLC, is bolstering the defense with his own motion, filed Oct. 31, in Superior Court.
In his motion, Witsil says Collier and Jones lack standing to challenge a valid legislative act of the town of Milton.
According to Witsil, residency alone does not afford them sufficient standing to challenge the actions of the council.
He cited state Supreme Court decisions and a case involving South Bethany Beach preservationists who opposed a mall that was approved in a residential district.
The motion further states the coalition is an unincorporated association that has failed to allege sufficient personal injury or damages. Finally, the motion asserts that some complaints, including FOIA violations, are to be heard in Chancery Court, not in Superior Court, where charges were filed.
“Superior Court does not have equitable jurisdiction to issue injunctions against legislative determination of municipalities,” according to the motion.
Calls to both Witsil and Glenn C. Mandalas of Dover-based Prickett, Jones & Elliott, representing the coalition, were not returned at press time.
Brady said the judge ordered all motions to dismiss the suit to be heard at one time. “I expect it to be a very interesting oral argument. Hopefully, the court will agree with the town and Key Ventures that there are portions of the lawsuit that should be dismissed,” he said.
Jones, too, weighed in on the motion to dismiss.
“Key Ventures’ motion to dismiss, as I understand it, is stating that we, as petitioners, have no loss to claim and therefore, no case. This has never been a case of monetary settlement. This petition was filed because I believe the deal struck between the town and other respondents could be considered contract zoning,” said Jones. “That has to do with Milton council procedure and not a need for personal gain.”
Contact Kevin Spence at kevin-spence@hotmail.com
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