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Tue, Oct 13, 2009
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Healing-Maull Superior Court ruling pending
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Decision may come before year’s end
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The future of a large parcel of land in the heart of Lewes now awaits a Delaware Superior Court ruling.
The Healing-Maull case has worked its way through decisions by Lewes Mayor and Council and Delaware Court of Chancery to allow subdivision of a parcel between Front and Second streets, and now awaits a Delaware Superior Court ruling.
Superior Court Judge T. Henley Graves heard arguments Sept. 30, from attorney John Sergovic Jr. on why subdivision of the Healing-Maull parcel should never have been allowed and how the action has harmed clients Mariah D. and Samuel A. Calagione III, owners of adjacent property.
Attorney Glenn Mandalas, representing parcel owners Richard and Darlene Healing and Leonard Maull and sister Linda Tracy, argued that the Calagiones have not suffered irreparable harm, an opinion shared by Court of Chancery Judge William Chandler.
In 2007, the couple filed an action in the Court of Chancery seeking to block the city’s approval to subdivide the parcel.
Represented by Sergovic, the Calagiones argued the city failed to follow an ordinance requiring minimum lot sizes of 5,000 square feet.
Attorneys representing Healing and Maull successfully argued that a 4,000-square-foot lot ordinance was in place when the original subdivision application was filed. The city had also placed a moratorium on residential construction as it considered the 5,000-square-foot minimum lot size.
The Calagiones appealed the Court of Chancery ruling to Delaware Superior Court, seeking permanent injunctive relief.
Mandalas, representing Healing and Maull, continued to press his case in Superior Court, saying the Calagiones have not demonstrated irreparable harm.
Sergovic said Healing-Maull never made a proper application until after the new zoning rule, requiring 5,000-square-foot minimum lot sizes, was in place.
“The person in line gets bumped out of line because of a subsequent moratorium? Are you telling me that your eggs are in the basket of the change from 4,000 square feet to 5,000 square feet?” Graves asked Sergovic.
“That’s correct, your honor,” Sergovic said.
Sergovic said the City of Lewes erred by allowing the original Healing-Maull application to remain alive despite its having passed a one-year deadline, by which time they were required to apply for final subdivision approval.
“What is the actual pain to your client and what is the grievance?” Graves asked Sergovic.
Sergovic said that instead of the Healing-Maull parcel’s existing Rodney House and four lots, the subdivision allows the possibility of the Rodney House and six lots of less than 5,000 square feet.
“There’s enough land to have 4,000- or 5,000-square- foot lots. It’s a red herring, your honor,” countered Mandalas.
Mandalas said Judge Chandler in his ruling said the alleged injury wasn’t plausible because nothing had been built or was proposed to be built on the parcel.
“My clients have a very distinct interest in preserving and protecting the historic character,” Sergovic said.
“How can you exclude a pending application in a moratorium? You’re changing the game in the middle of the game,” said Graves, who must rule within 90 days of the September hearing.
“This is my plan: To have an all-encompassing decision, all the way down to the merits. They’ll have a whole menu,” Graves said before quickly exiting to his chambers.
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