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Wednesday, December 21, 2016

New battle begins in war over Harbeson garage

Neighbors who have waged a six-year war against a Harbeson man, calling his car repair shop illegal, are taking their fight to Delaware Supreme Court.

Margaret Foulke and John and Carol Kane filed an appeal Dec. 21 requesting the state Supreme Court review a Chancery Court decision in favor of their neighbor, Charles Williams. In November, Vice Chancellor Sam Glasscock III dismissed Foulke and the Kanes' claims against Williams' garage; they were insisting the garage is not up to Sussex County code and is not an approved use on land zoned agricultural. Glasscock also refused to to grant the neighbors injunctive relief or a declaratory judgement that would have required Williams to tear down his garage.

Carol Kane declined to comment on when the case could be settled.

The Chancery Court lawsuit was filed in 2014 by Robert Walker Jr., Foulke and the Kanes after they say they had exhausted complaints to Sussex County officials over noise, odors and traffic coming from Williams' property. Williams built his four-car garage with money he received after subdividing his 5-acre lot and selling some of his land to his immediate neighbor, Foulke. Walker built a home on some of the property, but no longer lives there. The Kanes live about 800 feet down the road from Williams.

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3 comments:

Anonymous said...

More dollars than sense.

Anonymous said...

Am I missing something here?? This man is obviously handicapped and refuses to give up on life and indulges in a hobby that he finds pleasure in. He's not operating a door house or any illegal activity. Sounds to me like FOULK and KANE need to get a life and not making what someone else does their purpose

Anonymous said...

Looks like I'll be donating to a go fund me account on the behalf of this man. I feel sorry for the people that are bringing this lawsuit. They are void of good will and joy. They are dead in their hearts.