Hanson continues to defend against ethics violations

The battle over whether Dewey Beach Mayor Diane Hanson committed ethics violations is not over yet.  The state Public Integrity Commission filed an appeal to Delaware Supreme Court, challenging a lower court ruling that cleared Hanson of ethics violations.

Public Integrity Commission Counsel Janet Wright submitted the appeal of Superior Court Judge E. Scott Bradley’s decision Sept. 19.

Bradley reversed the commission’s ruling against Hanson Aug. 30, stating the PIC’s ruling against Hanson was not supported by evidence.

The issue stems from a 3-2 town council vote Sept. 11, 2010, to pass an ordinance to clarify the meaning of “relaxed bulk standards,” as written for the RB-1 zoning district in the town’s Comprehensive Plan.  Ruddertowne is the only building currently affected by the clarifying ordinance, which specifies “relaxed bulk standards” does not include height.

The ordinance was intended to prevent development above 35 feet.  A subsequent agreement between the town and Dewey Beach Enterprises allows the developer to go above 35 feet in the Ruddertowne redevelopment project.

On May 13, 2011, PIC Chairwoman and local Realtor Barbara Green wrote Hanson should have recused herself from the vote because the Ruddertowne development would impact Hanson’s rental properties, which are located near the Ruddertowne site.

Hanson filed an appeal of the PIC ruling, Aug. 2, 2011, in Sussex County Superior Court, saying the PIC’s ruling was arbitrary and capricious because no evidence was presented to support the assumption that Hanson would benefit from her vote to clarify the zoning ordinance.

Bradley sided with Hanson and reversed the PIC’s ruling. “Merely because Hanson and DBE would be renting rooms in the same town hardly means that they would be competing with each other,” he wrote.

Hanson said in an email, “I do not think they have any basis for overturning such a well-researched, clearly written opinion by a highly respected Superior Court judge.”

Green said she was no longer a member of the PIC and was not involved in the decision to appeal Bradley’s ruling.  Wright did not return calls or emails for comment.  Jeannette Longshore, of the Office of the Secretary of State, said Wright and members of the PIC would not comment on pending litigation.