In the August 25, 2011 issue of The News Journal, Berger Harris’ Michael McDermott is quoted regarding his representation of residents of the Town of Dewey Beach, Delaware.  McDermott's clients are challenging the Town Commission’s approval of a litigation settlement agreement that would authorize a landowner to violate the Town’s zoning code.  Specifically, the proposed settlement would permit the owner of the Ruddertowne parcel to bypass the 35 foot building height limitation applicable to every building in the Town since its 1981 incorporation.

The move by the Town Commission comes after years of litigation by and between the Town and Ruddertowne's owner, and much controversy over the height, size and scope of the Ruddertowne redevelopment project.  The proposed settlement prompted residents to file suit in the Delaware Court of Chancery seeking to invalidate the Town’s attempt to authorize a violation of its own zoning ordinances. 

According to McDermott, the Town residents’ lawsuit is about process and procedure violations and also about heading off a the dangerous precedent that would be set by the Town affirmatively permitting a violation of the Town’s zoning code by a property owner in exchange for settlement of litigation initiated by that property owner.  He said his clients are concerned that the Ruddertowne settlement agreement creates an avenue for other property owners who wish to exceed the Town’s building height limitation to use this litigation/settlement strategy as an end run around town zoning restrictions.

He added that the plaintiffs believe the lawsuit can be resolved in the Court of Chancery, “in a prompt and orderly fashion.”

Berger Harris attorneys have extensive experience handling cases before the Court of Chancery in a wide array of commercial and corporate litigation matters.