Planning and zoning Vice Chairman David King was personally sued in U.S. District Court by Dewey Beach Enterprises. Following an executive session Friday, Sept. 4, commissioners voted to indemnify King, protecting him from bearing the cost of his defense.

“If the town does not stand behind its volunteers, who’s going to want to serve? Nobody,” said Mayor Dell Tush. “Every member of every committee would probably resign. I would.”

King served on the planning and zoning commission that denied a building permit to Dewey Beach Enterprises (DBE) for a 35-foot, mixed-use structure at Ruddertowne. He was also involved in crafting the town’s new zoning code, passed in January. The federal suit alleges that King is prejudiced against DBE, tainting Dewey’s zoning decisions.

The Rehoboth Beach-Dewey Beach Chamber of Commerce named King Volunteer of the Year for his work on Dewey’s zoning code. Commissioner Marc Appelbaum, who serves with King on the budget and finance committee, said the town is obligated to defend King.

“There’s no more dedicated volunteer than David,” Appelbaum said. “We need to stand by him in indemnifying him.”

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