Henlopen Acres Pickleball Court Dispute: A Delaware Chancery Court judge has decided that a lawsuit filed by the Town of Henlopen Acres against residents Alex Jacobs and Carey Jacobs over an unapproved pickleball court will move to a hearing. Magistrate David Hume IV made the ruling on May 6, stating that there are important facts still in question.
Background of the Lawsuit
In June 2023, Henlopen Acres sued Alex Jacobs and Carey Jacobs. The town says the couple built a pickleball court on the side of their home without permission. Alex Jacobs was also running for town council at the time but was not elected.
In October 2020, the town approved plans for the couple to build a new house. The approved plans included a charging pad for an electric vehicle. After the home was finished and given a certificate of occupancy in August 2022, the couple painted the pad blue and green and added white lines to use it as a pickleball court.
The town learned about the court in July 2023.
Town Code Rules and Reactions
Mayor Joni Reich said the town code only allows the board of adjustment to approve recreation courts. She also said any court must be in the backyard, with fencing and screening to protect neighbors from noise and visual impact.
In court, the town tried to get the judge to rule in its favor right away. However, Magistrate David Hume IV said more facts must be discussed before a final decision can be made. So, the request for a quick judgment was denied.
Statements from Both Sides
Attorney Ron Poliquin, who represents Alex Jacobs and Carey Jacobs, said, “The court found there are material issues of fact that must be resolved before any declaratory judgment can be granted.” He added, “This decision underscores the importance of clear and enforceable municipal regulations.”
Town Solicitor Glenn Mandalas also commented on the ruling. “The town asked for judgment based upon its position that the Jacobses made representations in court filings acknowledging that the pickleball court is not compliant with town code,” he said. “Rather than decide the case on the papers already filed, the court has allowed the case to proceed.”
Mayor Joni Reich declined to comment further due to the ongoing lawsuit. Glenn Mandalas said that both sides are now working on a schedule to submit to the court, but a trial date has not yet been set.
What Happens Next
The case will now move forward to a hearing, where both sides will present more information. The outcome could affect how Henlopen Acres handles future cases involving private sports courts. It may also lead to changes in how clearly the town explains and enforces its rules.
News in Brief: Henlopen Acres Pickleball Court Dispute
A judge ruled that the lawsuit by Henlopen Acres against Alex Jacobs and Carey Jacobs over an unapproved pickleball court must go to a hearing. The court found that more facts need to be discussed before a final decision can be made. A trial date has not yet been set.
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