Delaware
Gay Rehoboth couple loses property worth $125,000 to hostile neighbor
Judge cites ‘adverse possession’ in ruling allowing seizure of vacant lot
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.
Delaware
New LGBTQ visitor center slated for Wilmington, Del.
The Collective to feature gift shop, queer museum, more
During Pride month this year, the Delaware Sexuality and Gender Collective (DSGC) announced plans for The Collective, which will become Delaware’s first LGBTQIA+ visitor center and Wilmington’s first dedicated LGBTQIA+ space in nearly 40 years.
“We’ve been talking about the concept of a brick-and-mortar space for a long time,” said Noah Duckett, co-founder of DSGC.
A licensed clinical social worker, Duckett co-founded DSGC with his mother, Julissa Coriano, in 2018. DSGC is an independent nonprofit organization that provides vital clinical and educational support, social programming and direct-need support to the LGBTQIA+ community.
Some of the programs DSGC offers include a free clothing closet for the trans community, meal support for people recovering from gender-affirming surgery, connections to pro bono legal services, a biannual Pride Market featuring over 100 LGBTQIA+-owned small businesses, and more.
“Our vision for The Collective is a place where our community can come to learn, create, work and be inspired,” said Coriano.
The Collective will feature a visitor center and gift shop highlighting LGBTQIA+-owned businesses in Delaware.
“I think that this is something that’s going to benefit our community so much,” said Duckett.
Some of the LGBTQIA+-owned businesses that DSGC has already partnered with include Stress Induced Art Attack, Moonbeam Art Collaborative, Voce Coffee, Groovy Gemini Co., Scout Cafe, Macaron Social and Huxley and Hiro.
“Specifically in Wilmington, we haven’t had an LGBTQIA+-dedicated space in almost 40 years,” said Duckett.
The Griffin Community Center, which operated from 1986 to 1990, was Delaware’s first LGBTQ+ community center. The Griffin was founded by Ivo Dominguez Jr. and James C. Welch and provided a range of community services during the height of the HIV/AIDS crisis, including AIDS hotlines, organizational offices and meeting space. The center ultimately closed because of a lack of financial support.
Duckett said DSGC hopes The Collective will carry on The Griffin’s legacy while building a sustainable space for the LGBTQIA+ community.
“I think now more than ever, there’s more and more spaces closing their doors. More and more spaces are losing funding, seeing reduced funding and reduced access, especially LGBTQ+ organizations and communities,” said Duckett.
The Collective will also feature Delaware’s first LGBTQ+ history museum, curated by LGBTQ+ historian Carolanne Deal.
“We don’t have any permanent displays in the state about Delaware’s queer history, and we want people to be able to access that history any day of the year, not just during Pride Month,” said Deal.
With a master’s degree in art history for museum professionals, Deal has more than seven years of experience in curatorial work and hands-on collections care.
“It’s mainly going to be a graphic display with photographs, articles and accessible text that draws people in and creates a story for the community,” said Deal.
Although the museum will not initially have an object collection, Deal said she hopes to add physical archival pieces in the future.
“Delaware has been at the forefront of a lot of queer civil rights, and it’ll be really amazing to have that enshrined in a permanent display that’s not only up for Pride Month,” said Deal.
Duckett said DSGC is currently raising funds with the goal of beginning construction this summer and opening by the end of the year.
Duckett told the Blade that fundraising efforts have reached just under $29,000 and that the organization is awaiting several major donations from community partner organizations.
However, he said DSGC continues to be denied many grants tied to federal or state funding because of restrictions on those funds being used for LGBTQ+-serving organizations.
“Private and corporate donations are absolutely vital,” said Duckett.
Anyone interested in supporting the construction and renovation of The Collective can donate online or contact [email protected] for more information.ose funds being used for LGBTQ-serving organizations.
“Private and corporate donations are absolutely vital,” said Duckett.
Anyone interested in supporting the construction of The Collective can donate online or contact [email protected] for more information.
Delaware
Delaware approves amendment protecting same-sex marriage
Measure must pass second vote in next year’s session
The Delaware General Assembly passed Senate Substitute 2 for Senate Bill 100 on the last day of the legislative session on Tuesday after being rescinded last week.
Senate Substitute 2 for Senate Bill 100 (SB-100) passed with 28 ‘yes’ votes, meeting the two-thirds threshold required for the bill to pass. Tuesday was the last day of the 153rd General Assembly.
The amendment would enshrine the right to same-sex and interracial marriage in the Delaware Constitution.
SB-100 was rescinded last week after it did not receive enough votes to pass. Democrats were short by three votes, with two Democratic members missing from the vote.
Rep. Josue Ortega (D-03) voted ‘no’ on SB-100 and Rep. Medinah Anton-Wilson (D-27) did not vote. However, both members voted ‘yes’ for Senate Substitute 2 for SB-100 on Tuesday.
Prime sponsor of SB 100, Rep. Claire Snyder-Hall (D-14), made the technical decision to change her vote last week from a ‘yes’ to a ‘no’ at the last minute to keep the bill alive.
Additionally, Republican Assemblyman Michael Smith (R-22) joined the Democrats with a ‘yes’ vote after voting ‘no’ on SB-100 last week.
In order for SB 100 to be enshrined into the state Constitution, it must be passed by two consecutive General Assemblies. Thus, the amendment will not be officially added to the Constitution unless it passes in the 154th General Assembly next year.
Rep. Snyder-Hall introduced the measure earlier this week.
“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of the legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender,” said Snyder-Hall.
“Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.”
Delaware
Vote to enshrine same-sex marriage in state constitution fails in Delaware
‘General Assembly turned its back on the people of this state’
The Delaware General Assembly on Tuesday failed to pass Senate Bill 100 (SB-100), an amendment that would add protections for same-sex and interracial marriage to the Delaware Constitution.
In order for the bill to pass, 28 out of 41 members needed to vote ‘yes,’ meaning all 27 Democrats and one Republican needed to vote in favor of the bill.
Rep. Eric Morrison (D-27) told the Blade that an anonymous Republican member agreed to vote in favor prior to the vote but ultimately did not follow through on that promise.
“It’s a shame,” said Rep. Morrison, who’s gay. He explained the difficult nature of passing this amendment with only three legislative days remaining in this session.
The bill needs to receive a two-thirds majority vote in two different sessions and the current two-year long session ends on July 1. Thus, if the bill does not pass before July 1, it will take a minimum of three years to pass the amendment.
The bill was introduced by State Sen. Russ Huxtable (D-07) on June 5, 2025.
Rep. Josue Ortega (D-03) was one of two Democrats to not vote in favor of the bill, voting ‘no.’ Rep. Ortega has not responded to the Blade’s request for comment.
Rep. Madinah Wilson-Anton (D-27) was the other Democrat missing from the ‘yes’ votes. She did not vote on the bill.
Sponsor of the measure, Rep. Claire Snyder-Hall (D-14), made a technical decision to reverse her vote from a ‘yes’ to a ‘no’ last-minute in order to keep the bill alive.
In a Facebook post, Rep. Snyder-Hall said that, “The General Assembly turned its back on the people of this state.”
“When we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed,” said Snyder-Hall.
However, Snyder-Hall said that the failure to pass this bill is not the end. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic — but important — bill.”
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