Fisher’s Cove developer files second lawsuit against Lewes
The developer of the proposed Fisher’s Cove major subdivision in Lewes has filed a second lawsuit against the city regarding the denial of its project.
Using the same arguments as the lawsuit filed Nov. 15, attorneys for Burke & Rutecki LLC filed another lawsuit Nov. 24 in Superior Court seeking just compensation for the alleged temporary taking of its property. They are also seeking damages determined at trial, attorneys fees and other relief the court deems “just and proper.”
Burke & Rutecki first submitted a major subdivision application in September 2018, seeking 18 single-family home lots on an 11.08-acre parcel off Rodney Avenue near the University of Delaware’s Pilottown Road campus. The property is located in the R-2, low-density residential, zoning district.
After more than three years, the project was denied preliminary consent by Lewes Mayor and City Council in October, affirming a recommendation for denial by the city’s planning commission.
The lawsuit also alleges unnecessary delays in approval of a minor subdivision for the adjacent Fisher’s Paradise property, which gained approval in April 2020.
The developer alleges the review process was fraught with bias, outside communications with private opposition groups, unnecessary delays, and the imposition of arbitrary and capricious standards, including standards not found in city code.
Details on the developer’s allegations appeared in the Nov. 26 edition of the Cape Gazette.
Nick Roth is the news editor. He has been with the Cape Gazette since 2012, previously covering town beats in Milton and Lewes. In addition to serving on the editorial board and handling page layout, Nick is responsible for the weekly Delaware History in Photographs feature and enjoys writing stories about the Cape Region’s history. Prior to the Cape Gazette, Nick worked for the Delmarva Media Group, including the Delaware Wave, Delaware Coast Press and Salisbury Daily Times. He also contributed to The News Journal. Originally from Boyertown, Pa., Nick attended Shippensburg University in central Pennsylvania, graduating in 2007 with a bachelor’s degree in journalism. He’s won several MDDC awards during his career for both writing and photography. In his free time, he enjoys golfing, going to the beach with his family and cheering for Philadelphia sports teams.
