Henlopen Acres suing board candidate over pickleball court

The deadline to file for Henlopen Acres’ 2024 municipal election has passed and one of the candidates who filed is being sued by the town for what the town is saying is an illegally installed pickleball court on the side of the house.

Mayor Joni Reich sent a letter July 5 to residents informing them of a lawsuit that had been filed in Chancery Court against Alex and Carey Jacobs. Alex is running as a nonresident commissioner.

According to the letter, the Jacobs’ received approval from the town in October 2020, to construct a new residence, that included plans for a charging pad on the side of the house for an electric vehicle.

After the house was built and a certificate of occupancy was granted in August 2022, the Jacobses had the pad painted blue and green and striped with white lines to play pickleball, said the mayor, adding the town discovered the existence of the court in July 2023.

“These actions are a violation of the town’s zoning code,” said Reich. “Under the town code, only the board of adjustment is authorized to approve a recreation court, and if approved, it must be in the rear yard behind the dwelling with appropriate screening and fencing to limit the impact on neighbors,” said Reich.

In an interview July 26, Alex said 50% of the driveways in town, including the mayor’s, have a basketball hoop installed permanently. Also, he said, the town has no rules in the code about what color a driveway has to be.

The letter says, and Alex confirmed, that the town and Jacobses attempted to resolve the matter amicably.

At this point, it’s probably better for someone else to decide, said Alex, adding that if he’s made to paint the court black, then temporary netting will still be set up and that section of the driveway will be used.

Pointing to each of the neighboring houses, Alex said, “This neighbor doesn’t care; this neighbor doesn’t care; this neighbor doesn’t care; this neighbor rents; and I don’t know this neighbor too well, but I haven’t gotten any complaints. I don’t know what the beef is with us. I think this is all kind of silly.”

As for the election, Jacobs said he’s not running out of spite.

“Someone asked me to run, so I said I would,” he said. “I offer the perspective of some of the younger families in town.”

Three additional candidates

Also running in the election are incumbent Commissioners Beatrix “Paddy” Richards and Tiffany Derrickson, as well as multigenerational property owner Ann Cameron.

Richards, a nonresident, has served consecutive terms since being appointed in 2007 and is the longest-tenured commissioner on the board. She said she’s running because Henlopen Acres is facing numerous issues and problems.

“I think with my history I can help resolve these issues,” said Richards.

Derrickson, who grew up in and is a resident of Henlopen Acres, has been a commissioner since 2021. She said she’s passionate about being involved and has volunteered her service to the town in some capacity since 2007.

“During the last three years as town commissioner, I have gained knowledge and experience which will be valuable in representing all residents, and preserving and protecting our unique Town of Henlopen Acres,” said Derrickson.

Cameron said the maintenance of the community and its character have been important to her for as long as she can remember. She said she wants to get involved and do what she can to keep Henlopen Acres the unique and special community that it has always been, while also being a place that welcomes its new homeowners.

“I have watched with admiration over my 50-plus years as friends and neighbors have served as elected leaders in the town, responsive to its needs, respectful of its residents, and transparent in all matters,” said Cameron, whose family’s roots in the town go back four generations and more than 70 years.

There had been a fifth nonresident to file – Jerry McGrath. There was some question about his eligibility to run because his ownership is part of an LLC with other family members, but ultimately, he decided to withdraw.

After not having an election for a decade, this will be the third in the past four years. There were also elections in 2021 and 2022.

Election information

The annual election for Henlopen Acres will be held Saturday, Aug. 31.  Polls will be open 9 a.m. to noon at town hall, 104 Tidewaters. The town charter calls for a minimum of four resident commissioners, which means at least one resident commissioner will be elected based on the current composition of the board.

Absentee ballots are available from the town clerk. The deadline for requesting an absentee ballot to be sent by mail is 4:30 p.m., Tuesday, Aug. 27. The deadline to request an absentee ballot in person is noon, Friday, Aug. 30. Absentee ballots must be received at town hall no later than noon, Saturday, Aug. 31. Anyone interested in obtaining an absentee ballot packet should contact town hall at 302-227-6411.

The deadline to register to vote is 4:30 p.m., Thursday, Aug. 1. For more information about voting eligibility and the registration deadline, go to henlopenacres.delaware.gov. The winners of the election will be sworn in during town’s organizational meeting at 10 a.m., Friday, Sept. 13, in town hall.