Dewey feud continues in Superior Court

Judge hears arguments from Hanson, PIC

Cape Gazette Feb 10

By Kara Nuzback | Feb 10, 2012

Cape Gazette Dewey Beach Mayor Diane Hanson has appealed Delaware Public Integrity Commission's finding that she violated the state ethics code.

Georgetown — The lobby of Sussex County Superior Courthouse in Georgetown looked like a Dewey Beach town meeting Feb. 7.  A crowd of property owners and current and former commissioners gathered to hear their mayor take a stance against the state Public Integrity Commission.

The commission found Dewey Beach Mayor Diane Hanson guilty of ethics violations, May 13.  The commission said Hanson should have recused herself on a vote to clarify a zoning ordinance in Dewey Beach Town Code that prohibited Ruddertowne developer Dewey Beach Enterprises from building a 68-foot structure on the site.

Hanson appealed the ruling Aug. 2 in Sussex County Superior Court. According to the appeal, the PIC presented no evidence to support an assumption that Hanson would benefit from her vote to clarify the zoning ordinance.

In an Aug. 19 answer to Hanson’s appeal, the PIC said its ruling was based on substantial evidence that a 68-foot hotel would impact Hanson’s rental properties, which are located near the Ruddertowne site.

Hanson and the PIC had an opportunity to present oral arguments to Judge E. Scott Bradley, Feb. 7.  At the last minute, Bradley decided to hold the hearing in his chambers, and citizens of Dewey Beach who had come to watch the spectacle were left to wait until the parties reappeared 90 minutes later.

“I don't know why the judge decided to hold it in chambers,” said PIC attorney Janet Wright in an email.  Wright said both parties argued what was written in briefs filed previously in Superior Court.  “No decision was made,” she said.

Hanson said she did not ask for the arguments to be closed to the public, but she said she felt optimistic about her case. “My attorneys, David Finger and Chip Slanina, did an excellent job in my defense,” Hanson said in an email.

After the hearing, attorney David Finger, of Wilmington law firm Finger & Slanina, said Bradley might have moved the hearing into his chambers to facilitate an informal conversation instead of a formal hearing.  “He had a lot of questions for everybody,” Finger said.

Hanson’s attorney said Bradley asked the PIC about its procedures and the basis for its ruling against Hanson.  “I’ve always believed we have a very strong case,” Finger said.

According to court documents, Bradley will issue a ruling within 90 days of receiving a copy of the court transcript, possibly in June.

Commissioners voted Nov. 18 to pay legal fees deemed to be reasonable in response to the ethics complaint and Hanson’s subsequent appeal.

At a Feb. 4 Budget and Finance committee meeting, Hanson said Slanina's price had been negotiated down.  She said the town had compensated her for $34,000 in attorney fees and would likely spend about $50,000 by the time the issue was resolved.