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Delaware

Gay Rehoboth couple loses property worth $125,000 to hostile neighbor

Judge cites ‘adverse possession’ in ruling allowing seizure of vacant lot

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A Delaware Superior Court judge on Feb. 2 issued a decision allowing a woman who owns real estate property in Ocean View, Del., that is adjacent to property owned by a gay couple who spend the summer months in nearby Rehoboth Beach to assume ownership of the couple’s vacant lot through a little-known law in Delaware and other states called the “adverse possession” statute.

“We are in the shocked and depressed stage and freaking out a little bit,” said Burt Banks, who, along with his husband, David Barrett, were not aware that the neighboring property owner had been using the property in question for 20 years as required under the adverse possession law until 2021, when they put the property up for sale, Banks told the Washington Blade.

Banks said his family has owned the property for several generations and he inherited it a year after his father died in 2004. The judge’s ruling shows that Banks in 2016 deeded the property to himself and his husband Barrett in the form of a living trust.

When the couple put the property up for sale in 2021 and their Realtor set a $125,000 sale price for the property, a prospective buyer discovered the adjacent property owner had a claim on the couple’s property, according to the ruling by Judge Craig A. Karsnitz of the Georgetown, Del.-based Superior Court.

The judge’s ruling says Banks and Barrett then filed a Complaint for Ejectment against Mellissa Schrock to require that she vacate the property.

Karsnitz’s 27-page court ruling says Schrock filed a legal response challenging the ejectment complaint and a short time later filed a counterclaim invoking the Adverse Possession statute to gain legal rights to become the owner of the property in question. The ruling describes the property as an unimproved wooded lot consisting of “mature, densely foliated woodlands.”

The judge’s ruling says he decided in favor of Schrock because she met the criteria for invoking Adverse Possession, which includes occupying or using the property for at least 20 years continuously and doing so in an open and “notorious” way without objection from the owner.

“The matter was tried before me on Dec. 7, 2022, and I visited the property for a visual inspection on Dec. 8, 2022,” Karsnitz says in his ruling. “I asked the parties to submit their closing arguments in writing, which they both did on Dec. 20, 2022, the ruling continues.

“This is my decision after trial,” the judge states. “Because by a preponderance of the evidence I find open and notorious, hostile, and adverse, and exclusive use of the Property by Defendant, and actual and continuous possession of the Property by Defendant, for the twenty-year statutory adverse possession period, and finding no assertion of ownership or control by Plaintiffs during that period, I quiet title to the Property in Defendant,” the ruling declares.

“I also deny Plaintiffs’ Complaint for Ejectment,” it says.

The ruling also states that Banks and Barrett testified at the trial that Banks’ father had installed a saw mill on the property in the early 2000s and used the saw mill before he died in 2004. It says the couple also testified that they visited the property periodically over the years and never observed anyone else using the property, but they acknowledged they never placed a no-trespassing sign on the property or introduced themselves as the owner to any of their neighbors.

“There was no evidence that Plaintiffs used the Property as their own or sought to exclude Defendant from her use of the Property,” Karsnitz says in his ruling. “I therefore give Defendant’s testimony and other evidence more weight than that of Plaintiffs on this element,” the ruling states.

Banks told the Blade that he and his husband, whose main residence is in Atlanta, may not be able to afford at this time the cost of appealing the ruling to the Delaware Supreme Court. But he said the couple hopes the loss of their property will serve as a warning to others who buy property in the Rehoboth Beach area.

“We are meeting with our trial attorney this week and hopefully he can provide some guidance,” Banks said.

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Delaware

Delaware Senate passes bill to codify same-sex marriage

Measure assigned to House Administration Committee

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Delaware state Sen. Russ Huxtable introduced the original bill in April. (Blade photo by Daniel Truitt)

The bill that would enshrine same-sex marriage into Delaware’s Constitution passed the State Senate Tuesday afternoon. 

Senate Substitute Two for Senate Bill 100 passed with a 16 to 5 vote, garnering the two-thirds majority necessary to pass. The bill has been assigned to the House Administration Committee.

SB 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. Senate Substitute Two was then adopted in lieu of SB 100 on June 5 after being heard by the Senate Executive Committee on May 21. 

SS 2 differs from SB 100 by clarifying that the right to marry applies to marriages that are legally valid under the laws of Delaware and that all state laws that are applicable to marriage, married spouses, or the children of married spouses apply equally to marriages that are legally valid. It also removed the need for gender-specific provisions by including gender in the first sentence and revised the language clarifying that the right to marry does not infringe on the right to freedom of religion under Article One of the Delaware Constitution.

“We’re not here to re-litigate the morality of same-sex marriage. That debate has been settled in the hearts and minds of most Americans, and certainly here in Delaware,” Sen. Huxtable said at Tuesday’s hearing. “We are here because the fundamental rights should never be left vulnerable to political whims or the ideological makeup of the U.S. Supreme Court.”

Other states such as California, Colorado, and Hawaii have introduced and passed similar bills to protect the right of all people of all genders to marry under state law. 

“This bill sends a strong message that Delaware protects its people, that we will not wait for rights to be taken away before we act,” Sen. Huxtable said at the hearing. “Voting in favor of this amendment is not just the legal mechanism of marriage, it’s about affirming the equal humanity of every Delawarean.”

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Delaware

Delaware hosts LGBTQ flag raising ceremony

Gov. Matt Meyer declares June 2025 as Pride month

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Delaware Gov. Matt Meyer (center) presents a proclamation marking June 2025 as Pride month. (Photo courtesy governor’s office)

Delaware Gov. Matt Meyer hosted a flag raising ceremony and presented a proclamation marking June 2025 as Pride month on Tuesday. 

The public event took place at 11 a.m. at Legislative Hall in Dover. 

“For many, many years of our state’s history, coming out here and doing what we’re doing today would have been just about unimaginable,” Meyer said at the event. “Today, this is a symbol of all of the progress that we have all made together.”

Lieutenant Gov. Kyle Evans Gay, Sens. Dan Cruce, Russ Huxtable, and Marie Pinkney, Reps. Eric Morrison, Deshanna Neal, and Claire Snyder-Hall, and LGBTQ+ Commission Chair Cora Castle and Vice Chair Vienna Cavazos were in attendance, among others. 

Last week, Meyer announced the members of a new LGBTQ+ commission, which will work with the state government to improve services in areas such as employment, equality, education, mental health, social services, health, and housing. 

As Pride month continues, Delaware is currently considering an amendment to codify same-sex marriage in its Constitution. 

“Today is about making history and raising this flag,” said Lt. Gov. Gay at the event. “Today is about charting a new course forward with our new commission and today is about marking how far we’ve come.”

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Delaware

Delaware Gov. Meyer announces LGBTQ commission

Nine members appointed to work to protect rights of residents

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Delaware Gov. Matt Meyer speaks at the Blade’s 18th annual Summer Kickoff Party last month. (Blade photo by Daniel Truitt)

Delaware Gov. Matt Meyer announced the members of a new LGBTQ commission on the first day of Pride month. 

The members include representatives from all three counties: Chair Cora Castle, Dwayne Bensing, Noah Duckett, and Mark Purpura of New Castle County; Vice Chair Vienna Cavazos, Leslie Ledogar, and John Kane of Sussex County; and Daniel Lopez of Kent County. They will serve three-year terms without monetary compensation. 

The commission was created by an executive order from previous Gov. Bethany Hall-Long in January. It will work to “strengthen ties between the government and LGBTQ+ organizations, help remove barriers to societal participation for LGBTQ+ people and improve the delivery of services to the community in Delaware in areas such as employment, equality, education, mental health, social services, health, and housing.

“The commission will advise the governor, the governor’s Cabinet, the General Assembly, and other policymakers on the effects of policies and laws on the “unique challenges and needs of LGBTQ+ people.”

Commission Chair Cora Castle is president of OmniPotential Energy Partners, executive director of the Delaware Sustainable Chemistry Alliance, secretary of Sierra Club Delaware, and the vice chair of the New Castle County Board of Adjustment. She said it is “extremely humbling” to be included in this group of people. 

“Having the opportunity to serve and be out here and help Gov. Meyer and help everybody across the state is again just so humbling,” Castle told the Washington Blade. “I love doing work on policy, I love having the opportunity to lead and this is something where I think I can make a difference and I think that my voice matters.”

Castle said it’s important that everyone understands that the commission is here to serve all of Delaware. 

Vienna Cavazos is the commission’s vice-chair and youngest member at 19. They moved to Delaware from Texas in 2022 and have a background in youth advocacy and organizing. 

“I am beyond grateful to have been asked to serve not only this governor but this state,” Cavazos said. “I appreciate the work that has been done in years prior and I’m excited to do the work that we need to do to bring us back to the 21st century.”

Leslie Ledogar, board president of CAMP Rehoboth, is also a member of the commission. She said it is a “huge honor” to be included. 

“I believe that the commission will be a safe space in which we can discuss those issues and make sure that, in Delaware, we are not erased,” Ledogar said. “We do still have power at the state level, notwithstanding federal actions in the opposite and very very disturbing and dangerous direction.” 

The commission will begin meeting soon. A major topic will be developing policies to protect health care for LGBTQ Delawareans. 

“This commission will be critical as we work to protect the rights of all Delawareans, and I want to thank each of these individuals for their willingness to serve,” Gov. Meyer wrote in a Facebook post. “Together, we will ensure Delaware remains a welcoming state and a beacon of hope to all LGBTQ+ Americans.”

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