Murray v. Town of Dewey BeachAnnotate this Case
Plaintiffs challenged the Town's actions in regards to a Mutual Agreement and Release (MAR) for the redevelopment of Ruddertowne, primarily upon the bases that they constituted impermissible contract zoning and that the MAR, the Building Permit, and the Record Plat Plan (together, the Challenged Documents) violated numerous aspects of the Town's zoning, building, and land use regulations. Defendants moved to dismiss, arguing that the court lacked subject matter jurisdiction and that plaintiffs lacked standing to bring suit. The court concluded that the Complaint was filed after the period provided for in the applicable statute of repose, 10 Del. C. 8126. As for the Building Inspector's approval and issuance of the Building Permit, the court concluded that it did not have subject matter jurisdiction because an adequate remedy at law was available to plaintiffs. Therefore, the court granted defendants' motions to dismiss. The Town's motion to strike, which was rendered moot, was denied.