Lewes wins in dog park lawsuit

Vice Chancellor Sam Glasscock III has ruled in favor of the City of Lewes in a lawsuit brought forward by resident Col. Gerald Lechliter alleging Freedom of Information Act violations related to the placement of a dog park. 

Lechliter alleged mayor and city council violated FOIA by approving a sublease with Lewes Unleashed at an October 2014 meeting without informing the public that a new location was being considered. By approving the sublease, he also questioned the legality of a January 2016 meeting, where mayor and council approved an amendment to the sublease. 

Glasscock found that city officials properly notified the public, and that Lechliter’s expectations were unrealistic. 

“Anyone intensely interested in any aspect of the dog park, including its location, was on notice that a subject close to his heart was under consideration,” Glasscock wrote in his decision. “The city was considering a sublease of its open space for a dog park, and location is an indispensable element of a lease.” 

He continued, “[FOIA] is not a tool for use by those who disagree with the actions of their government to have those actions set aside, after the fact, on hyper-technical grounds,” he wrote. “Such a result would be as inimical to the open exercise of democracy as failure of the informational right itself.” 

This is the third time Lechliter has filed a lawsuit against city officials. In 2012, he filed a federal lawsuit in U.S. District Court to halt the wind turbine at the University of Delaware, alleging backroom deals led to expedited approval for its construction. 

Lechliter had a separate lawsuit related to the dog park dismissed earlier this year. In that lawsuit, Lechliter alleged FOIA violations related to a Jan. 11, 2016, meeting, where mayor and council voted to amend the sublease.

Lewes Unleashed constructed its dog park on a 4.5-acre parcel in Great Marsh Park, off New Road. It officially opened to Lewes Unleashed members in August 2016. 

Glasscock encouraged Lechliter and the city to resolve future differences outside of the courtroom. 

“I hope that the parties, all residents of the same small and pleasant city, can in the future relate as neighbors rather than litigants,” he wrote. 

Lewes City Solicitor Glenn Mandalas applauded the decision.

“The city is thrilled with Vice Chancellor Glasscock's well-reasoned decision,” he said. “The decision will hopefully end a string of cases that confirmed over and over again the city's commitment to transparency and open government. City council and city staff work hard to observe open meeting laws and will continue their tradition of professionalism.”