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The legal wrangling over the possible development of Pike Creek Golf Course reached a milepost when Delaware Superior Court Judge John A. Parkins Jr. ruled last week that Pike Creek Recreational Services LLC couldn’t develop 288 homes on the bulk of the land.
New Castle County had filed suit to prevent development of the golf course. County attorneys argued that two deed restrictions from 1964 and 1969 guaranteed that the golf course would remain open space for perpetuity as part of Pike Creek’s master plan.
Attorneys for the developer, Richard “Dick” Beck and Kimberly Hoffman of the Morris James firm, have acknowledged the deed restrictions. But they have questioned whether those deed restrictions are being interpreted properly.
Beck and Hoffman plan to file an appeal with Delaware Supreme Court on behalf of Pike Creek Recreational, an affiliate of Kennett Square, Pa. based Onyx. They are awaiting a written ruling from Parkins.
In the interim, both sides have different views on how responsible the property owner is to maintaining the property.
The Issue
The verbal ruling on the so-called Terraces at Pike Creek project was a victory for New Castle County and Pike Creek residents.
“We are very pleased with the judge’s decision in favor of the county,” County Executive Paul Clark said. “The county put considerable effort and expense into fighting for the rights and wishes of the citizens of Pike Creek Valley.”
However, the developer scored a partial victory when Parkins also ruled Onyx may proceed with the construction of 20 homes on Hogan Drive.
County Attorney Gregg Wilson said the county would need to wait for the judge’s written opinion before deciding if an appeal is needed for Hogan Drive.
Councilman Timothy Sheldon (D-Pike Creek) is leaning toward an appeal for Hogan Drive. But he was happy with the victory on the larger project.
“This will be my legacy one way or the way," he said. "Right now, it’s looking good.”
But Beck and Hoffman have argued that all of the golf course has long been zoned as residential. And the deed restrictions did not require a golf course – which closed last year – to comprise the property for perpetuity, Beck said.
What Happened
New Castle County officials and attorneys for Pike Creek Recreational Services had considered two options that both would have preserved at least 150 acres of open space.
The options were presented by the county and attorneys for Onyx at a May 25 workshop held before a hostile crowd of 500 at Dickinson High School. Despite hours of ensuing mediation, the sides could not come to an agreement.
The legal wrangling over the possible development of Pike Creek Golf Course reached a milepost when Delaware Superior Court Judge John A. Parkins Jr. ruled last week that Pike Creek Recreational Services LLC couldn’t develop 288 homes on the bulk of the land.
New Castle County had filed suit to prevent development of the golf course. County attorneys argued that two deed restrictions from 1964 and 1969 guaranteed that the golf course would remain open space for perpetuity as part of Pike Creek’s master plan.
Attorneys for the developer, Richard “Dick” Beck and Kimberly Hoffman of the Morris James firm, have acknowledged the deed restrictions. But they have questioned whether those deed restrictions are being interpreted properly.
Beck and Hoffman plan to file an appeal with Delaware Supreme Court on behalf of Pike Creek Recreational, an affiliate of Kennett Square, Pa. based Onyx. They are awaiting a written ruling from Parkins.
In the interim, both sides have different views on how responsible the property owner is to maintaining the property.
The Issue
The verbal ruling on the so-called Terraces at Pike Creek project was a victory for New Castle County and Pike Creek residents.
“We are very pleased with the judge’s decision in favor of the county,” County Executive Paul Clark said. “The county put considerable effort and expense into fighting for the rights and wishes of the citizens of Pike Creek Valley.”
However, the developer scored a partial victory when Parkins also ruled Onyx may proceed with the construction of 20 homes on Hogan Drive.
County Attorney Gregg Wilson said the county would need to wait for the judge’s written opinion before deciding if an appeal is needed for Hogan Drive.
Councilman Timothy Sheldon (D-Pike Creek) is leaning toward an appeal for Hogan Drive. But he was happy with the victory on the larger project.
“This will be my legacy one way or the way," he said. "Right now, it’s looking good.”
But Beck and Hoffman have argued that all of the golf course has long been zoned as residential. And the deed restrictions did not require a golf course – which closed last year – to comprise the property for perpetuity, Beck said.
What Happened
New Castle County officials and attorneys for Pike Creek Recreational Services had considered two options that both would have preserved at least 150 acres of open space.
The options were presented by the county and attorneys for Onyx at a May 25 workshop held before a hostile crowd of 500 at Dickinson High School. Despite hours of ensuing mediation, the sides could not come to an agreement.
What’s Next
The maintenance of the golf course remains unclear pending a written decision by Parkins, Beck said.
“Something will have to be done with the property,” he said. “But since I don’t have a written decision on what the court actually is ruling, then it’s very difficult to answer a question like that.”
As Pike Creek Valley Civic League President Jeff Peters sees it, the onus is still on the property owner to maintain the property per New Castle County Code standards.
Indeed, the owner must adhere to the county’s maintenance law, county spokesman Jim Grant said.
“That requires that he mow the grass to a height of no more than 8 inches within 20 feet of the property lines,” he said. “The maintenance code would allow the interior to grow into a meadow or forest.”
