Friends of Old Dover South Bradford’s appeal for demolition was rejected by the Board of Adjustment

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

In a packed room at Dover City Hall Wednesday morning, key figures from across the city awaited an appeal hearing related to the Downtown Dover Partnership’s demolition of 148 and 150 South Bradford St.

The appeal was brought by 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 in its entirety, which was carried unanimously.

At that moment, the massive crowd crawled out.

According to Mr. Keller, the dismissal was based on legal precedent that the Board of Adjustment had no jurisdiction to entertain the appeal.

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

“The Superior Court held that the Board of Adjustment is not the (body) properly authorized for such an appeal and has no jurisdiction,” Mr. Keller said. “The Board of Adjustment has no jurisdiction to hear, to see, to administer this process, and it’s a lot like what happened here today.”

One such example was Wilma Mishoe, et al. v. The Mayor and City Council of Dover, which he says was fired in a similar manner last April, which ended with the court ruling that no statute in the city code allowed the planning commission’s decisions to be contested.

Friends of Old Dover president Nathan Attard argued Mishoe’s appeal was different from theirs. He was challenging a planning commission decision, while Wednesday’s challenged the commission’s interpretation of the procedure.

“Old Dover friends are generally disappointed,” Mr Attard said. “We didn’t like the project, but at the same time, we have 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 initially canceled by the Historic District Commission and later canceled by the Planning Commission, which did not hold a public hearing.

On the other hand, many members of the community were pleased with the dismissal.

“I think the outcome is fair, that the Board of Adjustment has no jurisdiction for the appeal, I’ve been overwhelmed by the amount of support from the community,” said Todd Stonesifer, president of the Downtown Dover Partnership. “I knew who was in the room and … most of the people in the room were there to support DDP.”

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