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Lewes, Delaware
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July 3, 1998     Cape Gazette
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July 3, 1998

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16 - CAPE GAZETTE, Friday, July 3 - July 9, 1998 Chancery Court will reopen '92 Silver Lake path ruling By Jen Ellingsworth . Vice Chancellor Jack B. Jacobs has deemed that an original 1992 Court of Chancery decision re- garding the Silver Lake right of way be reopened on the basis of four homeowners' claims of hard- Waterfront Continued from page 14 leaseholder is the Waterfront Restaurant. "It's an internal Lions Club matter," said Frederick, who is al- so the town's mayor. "The cur- rent tenant is the current tenant. All sorts of considerations will go into the decision when the time comes. "I can assure everybody that the Lions Club certainly takes public impact into consideration." Proprietors of the Waterfront could not be reached for com- ment. As mayor, Frederick said it's al- so inappropriate for the town to discuss the matter since the Lions Club has not announced its inten- tions for the land. The Waterfront property has long been the focus of attention in Dewey Beach because of the uniqueness of its location and its value. When Dewey Beach incorporat- ed in 1980, the town's founding fathers zoned the property for res- idential use, although the Water- front was operating on the land at the time. Since the property was zoned resort residential, the We. terfront Restaurant has been oper- ating as a grandfathered, noncon- Pedestrians Continued from page 14 scheduled a bus tour on Saturday, July 4, between midnight and 1:30 a.m., for local and state legisla- tors, state agencies and members of the media. According to an ad- visory sent out by the town, the tour is planned to help those who do not reside in Dewey Beach bet- ter understand the problem. The town has also invited repre- sentatives from the governor's of- rice, state fire marshal's office, Alcoholic BeverageControl Com- Budget Continued from page 15 fluid until its final passage in late fail, has room for some significant changes. For example, Brandenberger said he learned June 30, that in FY 99 the state will provide the district with approximately $30,000 more in equalization funding. "Equalization money may be used for any purpose," said Brandenberger, except matching funds for major or mi- nor capital improvement projects. Other changes in state funding could come when final enrollment ship, including the infringement of the public on their back yards, littering and alleged break-ins and an alleged sexual encounter. Jacobs has applied "Rule 60(b)," which authorizes the court to reopen a judgment for "any oth- forming use. The Lions Club approached commissioners in June 1996 and asked that they rezone the Water- front property as resort business in order to make it more consistent with its use. In their application, the Lions pledged to keep the John Waples Memorial Park playground intact. The only plan they proposed for the property was the construction of a community center, which they said could be used for town functions or rented out for wed- dings and other special events. The proposal for commercial re- zoning was frowned on by the planning and zoning commission, though, who voted unanimously not to recommend the rezoning for fear it would set a dangerous precedent. The Lions' request was later withdrawn.. There is also a history of litiga- tion between the owners of the Waterfront and Coconuts, Kejand Inc., and the town. In June 1996, efforts to place Coconuts and the Waterfront on the same Dewey Beach property were denied in a decision by the Court of Chancery for Sussex County. The court's ruling upheld the town's decision that a condi- tional-use hearing is required to comply with Dewey Beach ordi- nances relating to the regulation of restaurants and zoning laws. mission, Delaware Department of Transportation and Delaware Area Resort Transit. One option brought up by the town is an abbreviated closing time for nonconforming restau- rants. Frederick said he and the commissioners aren't suggesting that closing the bars early is the only alternative, but are exploring their options. "'I'm not advocating closing bars at 11:30," he said. "We [commissioners] asked Town Attorney Rob Witsil to go off and explore that as an option. We're going to explore all our op- tions." I numbers are logged Sept. 30. The district could have an enrollment increase that would generate more teaching units. Brandenberger cautioned against becoming alarmed with the district's finan- cial position as indicated in the preliminary budget. "It's a very preliminary, first look," he said. "We'll continue to refine it as we get better informa- tion. It is usually a moving target at this stage." Brandenberger will present a revised preliminary bud- get to the board July 9; he hopes the board will approve a prelimi- nary budget July 23. If all goes well, he said, a final budget should be ready in late October. er reason justifying relief from the operation of the judgment." The Silver Lake right-of-way dispute has a lengthy history, be- ginning with a civil case in which four Silver Lake homeowners, along with the Delaware Depart- ment of Transportation (DelDOT), petitioned in November 1996 to vacate a 50-by- 187-foot portion of land that borders the lake, has gained significant opposition from the public. Several hundred of those in opposition signed a peti- tion opposing the vacation, and many wrote letters to the court ex- pressing their sentiments. Superior Court Judge Henley Graves subsequently ruled that the path remain open for the public to use. In his decision, Graves said that not only would the public's interest be met if the path re- mained open, but the roadway would continue to be used as it was meant to be when it was orig- inally designated as part of the original street system in 1876. Following that decision, peti- tioners Victor and Sue Ann Houlon filed a motion for reargu- ment to reverse the order. The mo- tion was denied by Judge Graves. The homeowners, including the Houlons, James L. Goodwill III, Continued on page 17 Get a custom-designed California Closet. Twice the space. A place for everything. CALL FOR A FREE IN-HOME CONSULTATION COSiE't COMPKNY Simplify Your Life 227-7636 or 1-800- 2 - Simplify 1994 California Closet Company. All Rights Reserved. Woddwide Network Of Independently Owned And Operated Franchises. Look for the blue b white umbrellas for parking info, permits b change Change Machine at First St. b Rehoboth Ave. b traffic island across from Rehoboth Fire Hall b m FREE Parking after September 20th m Enjoy your stay with us and hurry back!