Friends of Old Dover South Bradford demolition appeal dismissed by Board of Adjustment

DOVER— An appeal to overturn the demolition of two downtown Dover properties to make room for a proposed parking structure was over before it began.

In a packed Dover City Hall chambers Wednesday morning, key figures from all over the city sat in wait for an appeal hearing relating to the Downtown Dover Partnership’s demolition of 148 and 150 South Bradford St.

The appeal was submitted by the Friends of Old Dover who argued that members should have been allowed to speak at the meeting where the demolition was approved.

The chamber eagerly awaited the hearing, only for board member James Keller to make a motion at the top of the meeting to dismiss the appeal entirely, which passed unanimously.

At that point, the massive crowd shuffled out.

According to Mr. Keller, the dismissal was based on legal precedent that said that the Board of Adjustment did not have jurisdiction to uphold the appeal.

Mr. Keller discussed these previous cases with Daily State News.

“The Superior Court held that the Board of Adjustment is not the proper authorized (body) for such an appeal request and holds no jurisdiction,” said Mr. Keller. “The board of adjustment is without jurisdiction to hear, see, administer through that process and it’s much like what happened here today.”

One of those examples was Wilma Mishoe, et al. v. City of Dover Mayor and City Council, which he says was also dismissed in a similar manner last April, which ended with the court deciding that no statute under city code allowed for planning commission determinations to be appealed.

The Friends of Old Dover President Nathan Attard argued that the Mishoe appeal was different than theirs. It was appealing a planning commission decision, while Wednesday’s was appealing the commission’s interpretation of procedure.

“The Friends of Old Dover are generally disappointed,” said Mr. Attard. “We didn’t like the project, but at the same time, we need to set a precedent where the answer can’t be ‘the Historic District Commission didn’t like it, we’ll just appeal it to the Planning Commission.’”

The demolition was originally struck down by the Historic District Commission and later overturned by the Planning Commission, which is what did not have a public hearing.

On the opposite side, many community members were pleased by the dismissal.

“I believe the outcome is correct, that the Board of Adjustment does not have jurisdiction for the appeal, I was overwhelmed by the amount of support by the community,” said Todd Stonesifer, Downtown Dover Partnership’s president. “I knew who was in the room and ... the majority of the people in the room were there to support the DDP.”

According to Mr. Keller, the appeal is effectively dashed.