|
Now that Dewey Beach’s lawsuit against itself has been dismissed, the question that remains is, who should pay the attorneys?
Highway One Ltd. joined the town in the suit, defending the right of Dewey Beach Suites and other hotels to convert to condominiums.
The case was dismissed June 8 by Vice Chancellor John Noble.
This week, Highway One Ltd. announced it intends to seek court costs and attorney fees from the plaintiffs.
Highway One will file a motion Monday, July 10, asking six plaintiffs in the suit to split court costs of about $750. Highway One also wants Dewey Beach Mayor Courtney Riordan to pay its attorney fees, estimated at more than $30,000.
“We’re including Courtney because he instigated this action,” said Highway One partner Jim Baeurle. He said Riordan filed the lawsuit as a campaign tactic. “We’re saying to the court that this suit was frivolous and political.”
“Let them go after it, but I don’t think there’s any reason they should be reimbursed,” Riordan said. He said he’s not prepared to pay attorney fees, and his clients don’t expect to be required to pay court costs. Riordan said he plans to file a counter motion if Highway One’s request to seek court costs is allowed. He also said Highway One joined the suit late and filed only one motion.
Baeurle openly admitted that Highway One could pay for the court costs. “It’s the principle of it. Unless people are held accountable, what deters them from doing this again?” he said.
The town does not plan to seek attorney fees, which are estimated at $20,000 to $25,000 because the court rarely awards them, town officials say. Even Highway One attorney Steve Spence admits it won’t be easy. “Getting an award of attorney fees is difficult,” Spence said.
Commissioner Dale Cooke said Dewey Beach attorney Rob Witsil would file no further claims.
“I want this over with and for people to come together again,” Cooke said. He said after a long meeting with Witsil the two agreed not to pursue further filings.
“I felt it would be another big expense of town money and we wouldn’t have a big chance to get our money back,” Cooke said. “It would put Rob in an untenable situation. He would be suing present commissioners and the Mayor on behalf of one commissioner,” Cooke said. All other members of council were either directly involved in the suit or have recused themselves.
“All in all it would make Dewey look silly,” he said. He urged both sides to look toward the future of the town.
“I’ve been amazed at the friendships that have been tossed down the tube over this case,” he said.
|
