Delaware

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

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

Published

2 years ago

February 7, 2023

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.

Related Topics:Burt Banks Craig A. Karsnitz David Barrett Delaware Delaware Superior Court featured Mellissa Schrock Ocean View Rehoboth Beach

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Delaware

Delaware advocacy group to host panel on media’s role in countering hate

Blade editor among journalists participating in Wednesday event

Published

2 months ago

November 11, 2024

Staff reports

Blade editor Kevin Naff is among journalists participating in a panel discussion on hate this week.

LEWES, Del. — Speak Out Against Hate (SOAH) will hold its bi-monthly community meeting at 5 p.m. on Nov. 13 at the Lewes Library and via Zoom. The meeting will concentrate on the role of the press in responding to the divisiveness and rising tide of hatred in our country and communities.

The meeting will feature a panel of journalists comprised of Chris Rauch, owner and publisher of the Cape Gazette; Benjamin Rothstein, journalist at the Daily State News and its sister paper the Greater Dover Independent; Kevin Naff, editor and co-owner of the Washington Blade; and Jake Owens, editor-in-chief of Spotlight Delaware.

Patty Maloney, president of SOAH said, “Following a national and state elections that saw our country nearly evenly divided, this important discussion with our local press will shine a light upon the role of the press locally and nationally in confronting the obvious chasm within our citizenry.”

For more information about the event and to register, please visit Speak Out Against Hate at soah-de.org.

Speak Out Against Hate was formed to confront and counter the rising tide of hate, whenever and wherever it exists.

Delaware

Comings & Goings

Owners win top honors from Delaware Restaurant Association

Published

3 months ago

October 19, 2024

Peter Rosenstein

Bob Suppies, David Gonce, Tyler Townsend, and Lion Gardner of Second Street Hospitality.

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Second Block Hospitality, winners of the Delaware Restaurant Association’s designation as Restaurateurs of the Year. This award was won by business partners Lion Gardner, David Gonce, Tyler Townsend, and Bob Suppies, whose Second Block Hospitality restaurants include Bodhi Kitchen, The Pines, and Drift, all in Rehoboth Beach, Del.

“The partners of Second Block Hospitality, each bring unique expertise from diverse business backgrounds, and have successfully united to create a flourishing restaurant group in downtown Rehoboth Beach. Their first venture, The Pines, was inspired by the rich history and hospitality of old Rehoboth Beach, where pine trees meet the ocean. Their newest ventures, Drift Seafood & Raw Bar, and Bodhi Kitchen, showcase sophisticated seafood and Asian-inspired street food, earning awards, accolades, and features in top regional publications. Driven by a mission of hospitality, innovation, and community, the team exemplifies the qualities honored by the Restaurateurs of the Year Award, celebrating their passion, diversity, and creativity in Delaware’s dining scene.”

Townsend said, “The entire team at Second Block Hospitality is thrilled to have won Restaurateurs of the Year. Since 2018, we have worked hard to bring the very best in dining, cocktails, entertainment, and décor.”

Suppies added, “Yes, winning this award truly validates we are on the right path to keep bringing innovative design paired with amazing food and drinks. More is coming from Second Block for sure.”

Delaware

GOP candidate in Del. House race expresses LGBTQ support

Simpler says trans residents deserve protection from discrimination

Published

3 months ago

October 4, 2024

Joe Reberkenny

(Image by larich/Bigstock)

Early voting is underway in Delaware and one race that has captivated the LGBTQ community is the 14th District House seat being vacated by longtime ally Pete Schwartzkopf. Claire Snyder-Hall, a lesbian, won the Democratic primary and faces Republican Mike Simpler. But Simpler says the LGBTQ community shouldn’t discount him simply because he’s a Republican.

“I was kind of upset that they would even think of me being a Republican, that I would discriminate against the LGBTQ community in general,” Simpler told the Blade. “It’s kind of upsetting knowing that I’m born and raised here, and I’ve had family members that way. I mean the treasurer of my campaign is a lesbian. It’s just upsetting that people feel that way about the gay community in general.”

Simpler, a lifelong resident of Sussex County and the current president of the Rehoboth Beach Volunteer Fire Company said that his experience in the role has allowed him to work alongside many different types of people, including members of the LGBTQ community.

“We probably have the most diverse fire company in the state of Delaware, when it comes to the LGBTQ group,” he said. “People need to realize that the LGBTQ [community] is no different than the rest of the people in the world.”

Simpler also shared with the Blade that he has had firsthand experience with a unique aspect of LGBTQ culture — drag. He dressed up in drag at a fundraiser held at The Pines, a popular gay venue in Rehoboth Beach.

“I was asked to volunteer for a fundraiser, and next thing you know, I find out I’m going to be in drag at The Pines,” Simpler said. “We had a ball! I mean, I had so much fun.”

Not only did Simpler definitively say he supports the LGBTQ community in Delaware, but he added he supports legislative protections for these communities. He pointed out that providing a safe space for marginalized communities is ingrained in American history.

“Protect them,” he said when asked about the potential of supporting pro-transgender legislation amid a wave of anti-LGBTQ state legislation being passed nationwide. “You’ve got to. They’re trying to escape. For example, they’re trying to escape the process like the Jews did, like the Chinese when they came here. They’re trying to move away from an issue where they’re being prosecuted against to somewhere where they can be free and enjoy their life that they want to live.”

In addition to promising LGBTQ support, Simpler says he backs smarter growth in the region by prioritizing better development and efforts to alleviate traffic. He also pledges to attract high-quality jobs to the region.

Simpler faces Synder-Hall in the Nov. 5 general election. Read the Blade’s profile of her, here: https://www.washingtonblade.com/2024/09/24/claire-snyder-hall-interview/

Early voting is already underway.