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Lewes, Delaware
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July 28, 2000     Cape Gazette
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July 28, 2000
 

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Canal Corkran case thrown out of court Citizens Coalition may appeal decision By Michael Short The Citizens Coalition has lost a court challenge, alleging that Sussex County failed to give ade- quate notice to the public before it voted to approve a once-contro- versial housing development on Rehoboth Beach's doorstep. An appeal is possible and Citi- zens Coalition president Mike Tyler said the coalition board has not decided whether to appeal the ruling on the Canal Corkran de- velopment. The Court of Chancery decision on July 21 centered around whether adequate notice was giv- en that there was a change in the planned development. The now approved development by Bill and Bryce Lingo calls tbr approximately 177 housing units by the Lewes-Rehoboth Canal near the end of Church Street. Tyler and the coalition argued that the county did not give ade- quate notice of a change which transformed a 80-foot wide buffer into an easement for a future pos- sible road or bicycle route. When the change was made, Delaware's Department of Trans- portation (DelDOT) dropped its opposition to the project. Del- DOT had specifically requested that easement and the Lingos granted it. The Coalition argued in its complaint that the plan voted on by council "differed in several material aspects from the propos- al submitted to the public file, in- cluding altered road placement and traffic pattern, including the creation of a road that does not currently exist and changes in the location, number and type of housing. " This information, along with an SRI Grid Concept Program map and text developed by DelDOT, which was relied upon by the council, was never made avail- able for public inspection." But Vice Chancellor Stephen Lamb said the record "unequivo- cally shows" there was adequate notice given. County Attorney Eugene Bayard said the decision was a vindication of the public record maintained by the Sussex County Planning and Zoning Of- rice. Both Tyler and coalition attor- ney David Finger said that the county may be becoming more careful about making sure both supporters and opponents have ample opportunity to respond to any changes. Finger said that is equivalent to losing the battle and "winning the war." Benson, Betts lands on protected list .... By Michael Short Delaware is adding another 18,000 acres to the rolls of Delaware farmland protected from development. The latest round of land protec- tion was announced on Wednes- day, July 19, and includes several Sussex County farms, including farmland owned by Clyde Betts and Son and by former Sussex County Councilman Ralph Ben- son. "I didn't want it to be filled up with houses," said Benson, who farms corn, soybeans, can- taloupes, watermelons, wheat, barley andrye on his land. Until Draper-King Cole's Milton-based cannery closed, Benson also grew lima beans and peas. Ralph and Evelyn Benson have submitted approximately 292 acres of land for preservation. The Benson farm is one of 85 farms to enter this round of ac- ceptance into Delaware's farmland preservation program. Clyde Betts and Son Inc. submitted approxi- mately 362 acres into the pro- gram, The 18,000 acres is the largest amount of acreage to be placed in- to the program at one time. Delaware leads the country with approximately 4.3 percent of its total land preserved in a farmland preservation program. 53,783 acres of land have been preserved at a cost in excess of $55 million. "By protecting our pristine farmland through this program, we are making investments that will pay immense dividends to fu- ture generations. Many thanks to those Delawareans who are estab- lishing the first state as a national tk)rerunnet in farmland preserva- lion and ensuring that their land continues to be utilized for agri- cultural purposes." said (3overllor Fhomas Carpet. To qualify for the program, landowners agree not to develop their land for ten years. In return, owners receive tax benefits, right to farm protection and an oppor- tunity to sell the development rights to preserve the land perma- nently. Once those development rights are sold, the farmers can still farm the land and still own the land. But the land can never be devel- oped as anything but farmland. Other Sussex County farmers listed in the current round ofagri- cultural preservation were: EI- w0odWorkman and Sons, Wheat- Icy Farms Inc., Jeffrey Wheatley, Douglas and Deborah Vender- wende, William and Ellen Ann Vanderwende, L. Emerson and Ruth Ann Isaacs, Donald Moore and Beatrice Moore, Dorothy Moore, J. Everett Moore and Deborah Moore, Lynn Moore and Myrna Moore Abbott, James Tim- othy Abbott and My rna Moor e Abbetland Patricia Correil. ARNELL CREEK (302) 226-9295 for appointment Asking $258,000 ,nLike New Ranched.quiet community, 1536 sq. It. of living space on 100x150 lot -- no sewer fees, no HOA feesf Call ils[ $137,000! 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