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DECEMBER 9, 2022
THE LOCAL VOICE OF YOUR COMMUNITY.
Volume 19, Issue 49
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Fenwick suit over low-speed-vehicles dismissed By Kerin Magill Staff Reporter A Fenwick Island resident has dismissed her lawsuit against the Town over an ordinance passed earlier this year that banned low-speed vehicles. Kimberley Espinosa filed the dismissal Nov. 30, through her attorney, William B. Parsons Jr., according to a notice provided to the Coastal Point by Fenwick Island Mayor Natalie Magdeburger. Espinosa had sought a tempo-
rary restraining order in the Court of Chancery against the Town following the passage of the new ordinance this spring. “The Town was very pleased with the vice chancellor’s definitive ruling establishing that the ordinance was not pre-empted by state law,” Magdeburger said. “We are also grateful that Ms. Espinosa voluntarily dismissed her suit before the Town incurred additional expenses.” The dismissal was filed “without
prejudice,” and both the Town and Espinosa will bear their own legal costs. “Since we do not have sidewalks in our community, this ordinance will help keep Bunting Avenue a safer roadway for our pedestrians and bicyclists, who use it as their unofficial boardwalk, and will go a long way to keeping our community a walkable one,” Magdeburger said. The Chancery Court ruling, issued Nov. 22 by Vice Chancellor Morgan T. Zurn, negated the earlier recommenda-
tion by Master in Chancery Patricia Griffin that the Town’s ban goes against the state statute that allows the vehicles. The Fenwick Island Town Council voted in March to ban such vehicles on town streets, following lengthy discussion over potential safety issues. Espinosa filed a motion seeking a judgment from the state court that the state statute allowing the low-speed vehicles supersedes the Town’s ban on See SUIT page 5
Frankford annexations for large developments up for PLUS review By Kerin Magill Staff Reporter Frankford officials are waiting on state agencies to give their thumbs-up to preliminary plans for the Town to annex two large parcels of land into its incorporated area, potentially bringing 600 or more homes inside town limits. Town Council President Greg Welch said this week that the Town is collecting “plan of service” letters from public service agencies to submit to the state Preliminary Land Use Service (PLUS), which will then review the materials and issue its recommendations on whether the Town should proceed with the two annexation requests. The annexation requests involve two parcels, known as Cress-Parsons and the Lynch Farm. The council had voted in November to move forward with the two annexation requests, for the 150See FRANKFORD page 3
Special to the Coastal Point • Marian Dowling
An Eastern screech owl takes note of the photographer from the safe confines of a tree fort.
Corps, DNREC agree to cost share agreement on bays study The U.S. Army Corps of Engineers (USACE) Philadelphia District has signed a feasibility cost sharing agreement with DNREC to initiate a new study for the Delaware Inland Bays. The agreement, signed by USACE Philadelphia District Commander Lt. Col. Ramon Brigantti and DNREC
Secretary Shawn M. Garvin on Nov. 29, formally kicks off the Delaware Inland Bays & Delaware Bay Coast Coastal Storm Risk Management Study. “Our District has a long history of supporting the First State, and I’m proud to continue that tradition,” said Brigantti. “We know there’s consider-
able risk along our nation’s coastlines and back-bay environments, and so it’s important for us to study ways to help manage that risk — that will be our focus with this effort.” “This study presents us with a great opportunity to investigate flood risk and to develop mitigation solutions in areas
that are seeing greater impacts from climate change,” said Garvin. “Through Delaware’s vital partnership with the U.S. Army Corps of Engineers, we will be able to capitalize on the experience the Corps has gained performing simiSee STUDY page 2