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Lewes, Delaware
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July 16, 1993     Cape Gazette
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July 16, 1993
 

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10 - CAPE GAZETTE, Friday, July 16 - July 22, 1993 Rehoboth Commissioners deny access to Dewey subdivision By Denise M. Marshall Richard B. Judge Jr.'s plans to develop Silver Lake Dunes, a sev- en-lot subdivision in Dewey Beach, have run into yet another roadblock. On Friday, July 9, the Rehoboth Beach Commissioners voted 6-0 to deny Judge access through the city to his 2.2-acre development, Silver Lake Dunes. The property is nestled between Silver Lake and the ocean. Judge, who declined to com- ment on the commissioners' action, sought approval to contin- ue paving along Lake Drive at the city's Penn Street boundary line for ingress and egress to his subdi- vision. The property is land- locked; and Judge has battled in the courts with his neighbors for the past six years to obtain access to the site. Last October, Vice Chancellor Jack B. Jacobs issued a decision declaring the existence of an unbuilt, dedicated public road- way named Lake Drive on the eastern and southern sides of Sil- ver Lake. The roadway was plot- ted in 1876 by the Rehoboth Asso- ciation. Adjoining property owners appealed the Chancery Court rul- ing, which was upheld by Delaware Supreme Court in May. On June 25, Vice Chancellor Jacobs denied a request by the Carpenter and Draper estates - who own property just north of Judge's planned subdivision - for an order temporarily restraining Judge from constructing the por- tion of Lake Drive which lies south of the city. "I conclude that on the facts pre- sented, the city is not a govern- mental agency having jurisdiction over the laying out and construc- tion of the affected portion of Lake Drive," Vice Chancellor Jacobs states in a letter dated June 25. "As admitted by the Rehoboth Beach city manager, Mr. Judge does not need approval from the City of Rehoboth Beach to con- struct a road outside the city lim- its." In March, the city's Street and Light Committee voted to rec- ommend that the commissioners deny Judge permission to access his development through Rehoboth Beach. According to the committee, the proposed access route would adversely effect residential streets and neighborhoods. The committee added that an access road through Dewey Beach would be more appropriate. In a six-page motion released on July 9, the Rehoboth Beach Com- missioners note that the unbuilt portion of Lake Drive also runs south into the Dewey town limits. Among the Rehoboth Beach Commissioners' reasons for deny- ing Judge access are: that the city would have no control over how much develop- ment to the south of its boundary might occur; that the city and its residents would be "aggrieved by the ingress and egress of extraneous traffic at such an inappropriate entry point;" that the city has the authority to regulate access to its streets; that an alternate access route through Dewey Beach is more suitable since Judge's subdivision lies wholly within the town limits of Dewey Beach; that if Judge was granted access through Rehoboth Beach, his subdivision would be accessi- ble only over several roads through the city and then across a road lying in an unincorporated part of Sussex County; that the city would be required to bear the expense of maintaining city streets in the vicinity of Silver Lake Dunes, although property owners in the subdivision would not be paying taxes to the city. that although the Rehoboth Association plotted and dedicated Lake Drive in 1876, the land later came into the hands of the Rehoboth Heights Development Co. The company drew up a new subdivision plan, which "recog- nized the abandonment of part of Lake Drive" due to an eroded shoreline. fl .Ellendale juvenile.fou.nd .gu ty m resort gay-bashing incident By Denise M. Marshall A 16-year-old Ellendale youth faces two years confinement at the Ferris School after a Family Court judge convicted him in connection with a gay-bashing attack in Rehoboth Beach. The conviction stems from a May 16 incident, in which three gay men were assaulted on the Boardwalk in Rehoboth Beach. This week, Family Court Judge Battle R. Robinson found Donta Vickers, of Ellendale, guilty of second-degree assault, second- degree conspiracy, carrying a con- cealed deadly weapon, and pos- session of a deadly weapon during the commission of a felony. Vickers, who was accused of striking a gay man with a baseball bat, awaits sentencing. 'q'he maximum penalty is Ferris School for boys until your 18th birthday," explained deputy attor- ney general Carole E.L. Davis. State prosecutors had recom- mended that Vickers be convicted of In'st-degree assault, according to Davis. Vickers was also acquit- ted of a second count of second- degree assault and two other counts of possession of a deadly weapon during the commission of a felony. Two other juveniles have already pleaded guilty in Family Court. Javaughn Waples, 15, of Lincoln, pleaded guilty to second- degree assault and was sentenced to two years of supervised proba- tion and 50 hours of community service. Mark Custis, 17, of Ellendale, has pleaded guilty to second- degree conspiracy and is awaiting sentencing. Two adults involved in the incident are scheduled to go to trial in Sussex County Superior Court on Aug. 24. Miles L. Cuffee, 18, of Ellen- dale, and Feruando O. Harris, 21, of Lincoln, have each been charged with two counts of fLrSt- degree assault, one count of sec- ond-degree assault, three counts of possession of a deadly weapon during the commission of a felony, carrying a concealed dead- ly weapon, and conspiracy charges, according to deputy attorney general James Adkins. Each charge of fLrst-degree assault carries a maximum sentence of 10 years in prison. One of the victims, William C. Cherrix, of Chincoteague, Va., suffered a depressed skull fracture after he was struck in the head with a champagne bottle. As a result, Cherfix experienced tem- porary paralysis and still speaks in a monotone voice, according to Davis. Tall Ship Schooner Cruises An Exciting Day Sail Adventure Sail along with the Rover crew as they cruise the beautiful Delaware Bay. 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