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Lewes, Delaware
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September 6, 2013     Cape Gazette
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September 6, 2013
 

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Cape Gazette NEWS FRIDAY SEPTEMBER 6- MONDAY, SEPTEMBER 9. 2013 23 Trail extension put on hold until case is settled By Ran MacArthur ronm@ca pegazette.com A lawsuit is still holding up trail work in the Lewes area. Two Breakwater Estates homeowners filed suit against the Delaware Department of Transportation this past spring claiming an easement for part of an extension of the Junction and Breakwater Trail along the border of their property did not legally exist. State officials contend all easements were se- cured and had scheduled work to begin in the spring. Once the lawsuit was filed, money for the project was shifted to other trail projects. The extension would con- nect Gills Neck Road with Kings Highway and Freeman Highway in Lewes, running along the bor- der of Breakwater Estates. DelDOT Deputy Attorney General Fritz Schranck said the state has answered the complaint in Court of Chancery and filed for discovery on the part of the plaintiffs. "We are not aware of any additional activity on their part regarding the lawsuit," said DelDOT spokesman Geoff Sund- strom. Andrew Taylor, the plaintiff's attorney, said he is in the dis- covery phase of the litigation Kent SPCA Continued from page 22 was aware of the petition, it did not have a bearing on his decision. The group consists of former and current volunteers of the Delaware SPCA, veterinar- ians and animal activists. Among them is Lisa St. Clair, owner of Tail Bangers, a gourmet pet food store in MiUsboro. She said the alliance is proposing to tempo- rarily take over Safe Haven and take care of the dogs and relocate them to new homes as the shel- ter restructures. The terms for this arrangement, St. Clair said, are that the current Safe Haven board must step aside. "Our proposal would have us rent the building from Safe Ha- ven for $1, take over the utilities, operations, medical needs and management for a temporary period of time. There would be no intake during this period. We would only be concentrating on getting the existing animals properly cared for," St. Clair said. "We would need to occupy the facility, however, as there is nowhere for these animals to go, due to the possibility they may spread disease and no one has room for 112 dogs and counting." St. Clair said the proposal would allow Safe Haven to focus on getting its financial house in order while the alliance takes care of the animals. Attempts to reach board members of Safe Haven for comment were unsuc- cessful. "We hope that the board will take us up on our offer," St. Clair said. "It's a win/win for the com- munity, the dogs in their care and for them. If they will just admit they are in over their head and step aside so qualified people can come in and properly care for the animals they would regain the public's confidence, proving they really do have the best interest in mind for the dogs." with the state. No trial date has been set. "The proposed 15-foot-wide public access easement was never granted or recorded," the lawsuit alleges. "In the response Maker's S from the state to our lawsuit, theydid not indicate a clear legal basis for an easement for a bike trail in Breakwater," Taylor said. The extension is part of a master plan to develop a trail loop connecting resort towns and eventually intersecting with the proposed Georgetown-to- Lewes trail. Another extension is planned to connect Gordons Pond with Herring Point within Cape Henlopen State Park. State planners have been work- ing on the extension for several years in an effort to get bicycle and pedestrian traffic off Gills Neck Road, Although not part of the Iunction and Breakwater Trail, the road is heavily used by cyclists, runners and walkers as a link to connect Lewes and Rehoboth Beach. Residents along Gills Neck Road have expressed concerns because the narrow road has no shoulders and a blind, S-curve, presenting serious safety haz- ards. The plaintiffs, Steven Napiecek and Robin Zoltek, wanted all work stopped on the project until the matter could be adju- dicated. the return of Live music G Complimentary Fool - For the month of Seplember get a midr derm treatment done for $ 65.00] (Retails @ Urban Studio for ,$75.00). Don't miss out on this Opporturk ity to fall into beauty! Keratin Treatments $200 plus products