Small Town News

County to reconsider Savannah Road offices

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Sussex to comply with federal court order

Sussex County's legal staff is preparing an ordinance to comply with a recent court order

overturning council's denial of a Lewes office complex applica-tioa

The ordinance is scheduled to be presented during council's Tuesday, June 7 meeting, said assistant county attorney Vincent Robertson.

Chase and Kelly Brockstedt

are seeking a conditional use to construct two, 7,500-square-foot office buildings on Savannah Road at Dove Drive, the entrance to the Covey Creek community near Lewes.

County planning and zoning commissioners recommended approval of the application 5-0, but county council turned it down, voting 3-2.

On May 11, Judge Mary Pat Thynge granted a motion for partial summary judgment in favor of the Brockstedts, owners of the 1.3-acre parcel.

The judge ruled the Feb. 9, 2010 council decision denying the application was invalid and capricious.

She ordered the Nov. 19, 2009 unanimous planning and zoning commission decision be adopted with the inclusion of appropriate measures regarding the granting of additional sewer capacity for the project.

Applicant and attorney Chase Brockstedt said he is working to resolve damages and attorney fees, but he declined further comment because litigation is pending.

County officials also are not commenting.

"Because this is a matter still before the court, it is not appropriate for the county to comment on the specifics of the Brockstedt case, including the possible award of any damages or their breakdown," said county spokesman Chip Guy.

Guy said county council has up to $10 million in public officials' liability insurance coverage, which would cover members individually for claims involving them in their official capacity.

Robertson said the county's next step depends on council's vote at the June 7 meeting.





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