Fisher’s Cove developer files second lawsuit against Lewes

Using same arguments, developer seeks damages
December 3, 2021

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. 


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