Pickleball Court Controversy in Henlopen Acres: Henlopen Acres is embroiled in a legal battle with Alex and Carey Jacobs, who have installed an unauthorized pickleball court at their residence. The controversy centers around a court that the Jacobs constructed on a charging pad initially approved by the town. The Jacobs had received permission in October 2020 to build a new residence with a designated charging pad for an electric vehicle. However, after the house was completed and a certificate of occupancy was issued in August 2022, the Jacobses repurposed the pad into a pickleball court. This alteration, which includes a blue and green painted surface with white game lines, was discovered by the town in July 2023.
Town’s Position and Zoning Code Violations
Mayor Joni Reich has indicated that the pickleball court violates Henlopen Acres’ zoning regulations. According to the town’s zoning code, recreational courts must be approved by the board of adjustment and are required to be situated in the rear yard with proper screening and fencing to minimize impact on neighboring properties. Reich’s letter to residents emphasizes that the Jacobs’ modification lacks the necessary approval and does not conform to these requirements. This has led to the town filing a lawsuit in Chancery Court to address what it views as a significant zoning infraction.
“These actions are a violation of the town’s zoning code. Under the town code, only the board of adjustment is authorized to approve a recreation court, and if approved, it must be in the rear yard behind the dwelling with appropriate screening and fencing to limit the impact on neighbors.”- Reich
Jacobs’ Defense and Community Impact
In response, Alex Jacobs argues that the pickleball court is comparable to other permanent installations like basketball hoops that are prevalent in the town. He points out that the town’s zoning code does not specify restrictions on the color of driveways or recreational areas. Jacobs has expressed frustration over the town’s legal actions, suggesting that the focus on his pickleball court is excessive. He maintains that the installation was intended for personal enjoyment and community engagement, not as an affront to local regulations.
“This neighbor doesn’t care; this neighbor doesn’t care; this neighbor doesn’t care; this neighbor rents; and I don’t know this neighbor too well, but I haven’t gotten any complaints. I don’t know what the beef is with us. I think this is all kind of silly.” – Alex
Jacobs also notes that despite attempts to resolve the issue amicably, the legal proceedings are ongoing. He believes that if forced to repaint the court, he would still use the area for temporary netting and pickleball games. Jacobs emphasizes that none of his immediate neighbors have complained about the court, and he feels the dispute is more about local regulations than community impact.
“Someone asked me to run, so I said I would,” Jacobs said. “I offer the perspective of some of the younger families in town.”
Election Context and Candidates
This legal dispute comes amid Henlopen Acres’ upcoming municipal election, scheduled for August 31. Alex Jacobs is running as a nonresident commissioner, a position he accepted after being encouraged by a community member. He asserts that his candidacy is not motivated by the lawsuit but by a desire to represent younger families and bring a fresh perspective to the board.
In addition to Jacobs, the election features incumbent Commissioners Beatrix “Paddy” Richards and Tiffany Derrickson, as well as multigenerational property owner Ann Cameron. Richards, who has served since 2007, cites her extensive experience as a reason for her candidacy, while Derrickson, a resident since 2021, highlights her commitment to preserving the town’s unique character. Cameron, with deep family roots in Henlopen Acres, seeks to contribute to maintaining the town’s community spirit and heritage.
Election Procedures and Absentee Ballots
Henlopen Acres will hold its election from 9 a.m. to noon at town hall, 104 Tidewaters. The town charter requires a minimum of four resident commissioners, so at least one resident commissioner will be elected. Absentee ballots are available from the town clerk, with the deadline for requests by mail set for 4:30 p.m. on August 27. In-person requests must be made by noon on August 30. All absentee ballots must be received at town hall by noon on August 31.
This situation shows ongoing tensions within Henlopen Acres and highlights the complex interplay between local regulations and community activities. The resolution of this legal case could impact future decisions regarding recreational facilities and town governance.
