Judge orders hearing in Henlopen Acres pickleball lawsuit

A Court of Chancery judge has ruled a lawsuit in Henlopen Acres involving the town suing a resident for what the town says was the illegal installation of a pickleball court will forward move to a hearing.

Last June, the town filed a lawsuit against Alex and Carey Jacobs, who the town says illegally installed a pickleball court at the side of their house. At the time of the lawsuit, Alex was a candidate in the town’s municipal election, but did not get elected.

In October 2020, the Jacobses received approval from the town to construct a new residence that included plans for a charging pad for an electric vehicle at the side of the house. After the town issued a certificate of occupancy in August 2022, the Jacobses painted the pad blue and green, and striped it with white lines to play pickleball. The town discovered the existence of the court in July 2023.

At the time, Mayor Joni Reich said, under the town code, only the board of adjustment is authorized to approve a recreation court. Additionally, she said, if approved, it must be in the rear yard behind the dwelling with appropriate screening and fencing to limit the impact on neighbors.

In a ruling May 6, Chancery Court Magistrate David Hume IV said there are issues of material fact that must be resolved before complete relief can be granted properly. Thus, he said, Henlopen Acres’ motion for judgment must be denied.

Attorney Ron Poliquin, representing the Jacobses, said the decision marks a key moment in the case.

The court found there are material issues of fact that must be resolved before any declaratory judgment can be granted, said Poliquin. Specifically, he continued, the court noted the ambiguity surrounding the exterior color scheme approved by the town's environmental approval committee.

“This decision underscores the importance of clear and enforceable municipal regulations,” said Poliquin, in a prepared statement following the judge’s ruling.

Reich declined to comment on the ongoing lawsuit, and Town Solicitor Glenn Mandalas downplayed the ruling.

The town asked for judgment based upon its position that the Jacobses made representations in court filings acknowledging that the pickleball court is not compliant with town code, said Mandalas. Rather than decide the case on the papers already filed, the court has allowed the case to proceed, he said.

No trial date has been set, as the parties are working on a scheduling order to jointly submit to the court, said Mandalas. Beyond that, he said, he cannot comment on pending litigation.