Home Care In Harbeson, DE

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.

A double-leg amputee, Williams said he enjoys working on cars with his friends. "It's my social life," he said.

Sussex County officials say a four-car garage is a permitted use in the agricultural-residential zone, AR-1, where Williams, Foulke and the Kanes all live.

After receiving complaints about the garage, Williams applied to county officials for a conditional use that would allow it. Officials denied Williams' application because they said he didn't need a conditional use, stating Williams was doing nothing wrong by fixing cars with his friends. County officials said Williams was doing nothing that required county approval.

"This motion for denial should not be seen as putting a stop to what Mr. Williams and his friends can do on the property," meeting records state.

Sussex County planning officials and inspectors have made countless, unannounced visits to Williams' garage and have found no violations, said Lawrence Lank, Sussex County director of planning and zoning.

Glasscock agreed with Sussex County officials that Williams' garage is legal, but he did give Walker more say over a 275-foot driveway shared by Williams and Walker's rental property, which could include installation of a speed bump or a speed limit sign.

Glasscock urged Williams to work on cars during reasonable hours and keep the cars inside his garage to limit noise and smells. The judge also said Foulke should stop video surveillance of Williams' property, and the Kanes and Foulke should try to be more respectful.

"Mr. Williams has a not-uncommon hobby – working on cars – that he pursues with an uncommon vigor, in a large shop beside his house. The Plaintiffs, his neighbors, contend that the resulting sights, smells and sounds have disturbed the quiet enjoyment of their property. These are issues that neighborly people could have resolved with reasonable give-and-take, and reached thereby a result superior to that which can be achieved through a binary court decision based on property rights," Glasscock wrote in his decision.

Absent from the latest filing is Walker, who was the first-listed plaintiff on the Chancery Court lawsuit. An amendment to remove his name from the Delaware Supreme Court appeal was also filed. Walker has declined to comment on the lawsuit and appeal proceedings. Williams said he is on good terms with Walker and texted him the other day. "He said he could care less about the appeal," said Williams, who is disappointed that an appeal was filed.

A flood of support from people around the world after the Cape Gazette first published his story in October, however, has boosted his outlook. The story went viral, and a gofundme account created to offset the $30,000 he has spent on legal costs raised more than $58,000, and will help with future expenses.

Williams said he is ready to move on.

"I'd like to see the healing process begin," he said. "How can you hate somebody that much?"

Williams said he is not actively pursuing a countersuit, but if an attorney is interested in pursuing one pro bono, he would consider it in order to put an end to seemingly endless action against him.

"I'd consider it because what else will ever make them understand what they've done to my family?" he said.

Milton-area residents are pushing back on a plan that will stop poultry giant Allen Harim’s Harbeson chicken plant from discharging treated wastewater into a Sussex County creek.

The plan calls for Allen Harim to pipe its treated wastewater eight miles to a facility northwest of Milton owned by water resources company Artesian Resources Corporation. The water will be stored at the facility and sprayed onto nearby land.

But some residents fear their wells will be contaminated, and they’re calling for more investigation as Artesian begins to construct its new facility.

For decades, the Harbeson chicken processing plant that now belongs to Allen Harim Foods has discharged treated wastewater into Beaverdam Creek. Allen Family Foods acquired the plant in 1988, but in the 1970s, it was owned by Cargill. Harbeson resident Jeanette Wagner recalled seeing chicken parts floating in the creek in 1976.

Allen Harim spokeswoman Cathy Bassett says they've solved problems related to excess nitrogen and ammonia in the Harbeson plant’s wastewater that they were issued a notice of violation for in 2016.

“I mean this is clean wastewater,” said Bassett, standing near the creek. “We could continue to do this. We absolutely could continue to do this.”

But getting the wastewater out of the creek and onto land offers an opportunity for cleaner disposal — a more environmentally friendly solution, she said.

In a few months, Allen Harim will take advantage of that alternative; they’ll send more than 1.5 million gallons of treated wastewater each day through an 8-mile long pipe to a disposal facility owned by Artesian, called the Artesian Northern Sussex Water Recycling Facility, or ANSWRF.

Artesian will store the water in a large lagoon and spray it onto agricultural land and wooded areas in the Milton area.

“We’ll get out of the creek,” said Allen Harim President and CEO Joe Moran. “A lot of people think you don’t discharge into the creek — the connotation is that’s bad for the environment. You see there’s nothing wrong with the environment we’re producing into today, but it’s more advantageous to go to the fields — field spray right now.”

Last year, Delaware’s Department of Natural Resources and Environmental Control cited Allen Harim for harmful levels of pollutants in its wastewater between 2012 and 2016. Allen Harim says it has cleaned up its act since.

But even before the state flagged those violations, the company says it was talking with Artesian about the planned wastewater project.

According to Artesian’s construction permit application and design development report, the wastewater Allen Harim will send to the facility can have high levels of nitrogen up to 30 mg/L. The national drinking water standard is 10 mg/L.

Artesian says it has determined how large an area needs to be irrigated to effectively lower the nitrogen levels of water reaching the soil beneath the spray fields to meet the drinking water standard.

But some Milton-area residents — like Paul Reid — say they worry the water sprayed onto the fields that will go into their wells won’t be drinkable if Allen Harim’s flow doesn’t meet requirements.

“If they can’t meet the requirements, the stuff they send up here will be contaminated,” Reid said. “Then it will get into the spray fields, sink into the aquifer and provide water for our wells. The wells will be contaminated. It’s only a matter of time how long.”

Reid’s well is less than 100 ft. deep and about 500 ft. away from one of the spray fields. He’s nervous about what will happen to his well if Allen Harim doesn’t fully treat its wastewater before it sends it through the pipe.

The silver lining, Reid said, is Artesian’s involvement in the spray irrigation, and the fact that they have “a clean record and demonstrated capability.”

"Water is something that we take it so much for granted." -Maria Payan, Socially Responsible Agricultural Project.

Artesian’s Chief Financial Officer and Treasurer David Spacht says as Allen Harim’s water moves through the pipe, monitoring capabilities will allow Artesian to see if there’s anything wrong with it.

“If we find that the treatment isn’t going as we expect it to, we have the ability to return that flow back to the facility for further treatment,” Spacht said. “They [Allen Harim] have an on-site facility that will hold two to three days worth of already treated wastewater.”

Spacht says Artesian has had no violations for water discharge in the 15 years they’ve been operating their wastewater systems, and they want to maintain that track record to assure the public they provide quality service. They operate a similar lagoon facility in Middletown.

He told Delaware Public Media in October there are concerns about the spray irrigation and comparisons of Artesian to a "sludge operation" he wants to clear up.

"We’re not that operation," Spacht said. "We’re a clean water operation. It’s been done in Middletown."

But environmentalists aren’t convinced. They say high nitrogen levels in drinking water can lead to numerous health problems, including cancer.

Maria Payan, a consultant for the Socially Responsible Agricultural Project, has been working with residents near Mountaire Farms’ Millsboro chicken plant to resolve issues with well contamination.

She's also helping Milton-area residents fight Artesian’s new wastewater facility so what happened with residential wells near the Mountaire plant isn’t repeated in Milton.

“People depend on these private wells in order to provide their family with safe drinking water, safe water to cook, safe water to bathe, safe water to brush their teeth. Water is something that we take it so much for granted,” Payan said.

In an email to Delaware Public Media, retired Environmental Protection Agency scientist John Austin mentioned the health effects high nitrates can cause, like a blood disorder in infants. The Department of Health and Social Services and Division of Public Health say high nitrates are a particular concern for babies under 6-months old and pregnant women.

“If Delaware took the risks to public health seriously, regulations would halt disposal operations that pollute offsite wells to above levels safe for human consumption,” Austin wrote. “Faced with serious consequences that would halt operations for polluting offsite wells, businesses would more closely monitor disposal and maintain a margin of safety so [their] operations could continue.”

Artesian’s facility was originally part of a planned development called “The Villages of Elizabethtown” that was later scrapped by developers. DNREC approved the facility and spray irrigation project in 2007, construction plans were sent in 2011 and a construction permit for a facility with three smaller lagoons and a treatment plant was issued in 2013. The permit was set to expire in October 2018.

After Allen Harim came to Artesian about the possibility of partnering on a wastewater disposal project, Artesian revised its design development report with one large lagoon for phase I of the facility. It was approved by DNREC in November.

When Allen Harim and Artesian announced their partnership in early 2017, they said DNREC loaned Allen Harim $11.5 million to upgrade and expand its wastewater treatment facility. About $5 million of that loan was given to Artesian as a one-time impact fee. Artesian is investing about $17 million in the wastewater disposal system.

Now, a grassroots group of Milton-area residents is fighting for their wells. The group, called “Keep Our Wells Clean”, has filed an appeal with the state environmental board against DNREC Secretary Shawn Garvin’s decision on Nov. 2 for Artesian’s facility to be built.

The appeal highlights concerns from several residents who live close to the spray fields and believe they would be exposed to odors and possible contamination.

Tony Scarpa is a Milton-area resident and the co-founder of “Keep Our Wells Clean”.

“We felt the decision handed down by Garvin was arbitrary and capricious,” Scarpa said. “It will damage people who live around the area of the spray fields. We feel there were environmental concerns not taken into consideration.”

A public hearing for the appeal hasn’t been scheduled yet.

Scarpa says they’re in it for the long haul. If they need to, they’ll take the matter to court.

In the meantime, Artesian and Allen Harim still need permits to operate the wastewater storage facility. If they get them, Artesian CFO Spacht says the facility will be operational in summer 2018.

The next phase of the project involves construction of an on-site treatment plant and more storage and disposal space, allowing Artesian to accept untreated wastewater.

Conciliation Order Resolves Prior Effluent Problems at Harbeson Facility

The Delaware Department of Natural Resources and Environmental Control announced the signing of a conciliation order today with Allen Harim Foods, LLC that requires the company to take actions protective of human health and the environment at its Millsboro and Harbeson facilities.

According to the order, Allen Harim is required to perform wastewater reduction actions; to investigate and install stormwater improvements; and to terminate stream discharge for wastewater disposal purposes at both the Harbeson and Millsboro facilities. Also, the order resolves past effluent violations at the Harbeson facility and requires cleanout and repurposing of an old anaerobic lagoon as a diversion lagoon for non-compliant wastewater prior to retreatment and disposal.

Beyond those DNREC requirements Allen Harim agrees to pay a penalty of $150,340 and will be subject to stipulated penalties by the Department for non-compliance with any corrective action provisions of the order. The conciliation order between DNREC and Allen Harim can be found at dnrec.delaware.gov.

The second action taken today by DNREC concerning Allen Harim involves the issuance of an Onsite Wastewater Treatment and Disposal Operations Permit for the company’s Harbeson facility. The operations permit allows Allen Harim to perform onsite treatment of poultry processing wastewater and subsequently to transfer treated effluent to Artesian’s Northern Sussex Regional Recharge Facility for disposal via spray irrigation. The operations permit requires that Allen Harim implement the same high level of treatment that would be required for spray disposal at golf courses or state parks. The permit also requires Allen Harim to divert non-compliant wastewater onsite for retreatment if needed.

A copy of the operations permit can be found at the DNREC Groundwater Discharges webpage at https://de.gov/gwds.

About DNREC The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The DNREC Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, [email protected]; Michael Globetti, [email protected]

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Special to the News Journal

A Harbeson man’s 2,500-square-foot “man cave” does not violate county code, according to a June 30 ruling by the Delaware Supreme Court, affirming a November decision made by the state's Chancery Court.

Justice James T. Vaughn Jr. issued the ruling nearly three years after three Summer Place residents sued their neighbor for operating a car repair workshop on his property.

The Supreme Court’s decision marks the end of a lengthy legal battle wrought with animosity.

The three residents – John and Carol Kane and Margaret Foulke – complained their double-amputee neighbor Charles Williams’ fix-it-up car shop caused constant traffic, loud noises and odorous fumes near their properties, making it a “nuisance.” They claimed more than 1,500 vehicles traveled on their shared driveway annually and argued smells from car spills fouled the air.

However, Chancery Court Vice Chancellor Samuel Glasscock found Williams was not a nuisance and that he did not breach county ordinance. The higher court agreed without comment.

“It’s still setting in because it’s been all about hate from the beginning, and hate just doesn’t dissipate because a court made a decision,” Williams said of the ruling.

Williams, who lost his legs in a 1993 construction accident, purchased a 5-acre plot of land on Martins Farm Road. He subdivided his property into three lots in 2007, keeping 1.6 acres for himself and selling the other two lots to his new neighbors, who did not like the traffic, odors and noise that rolled in with his hobby.

Williams maintained he helped his neighbors for 11 years, servicing their cars whenever they needed it until the lawsuit, which Williams cites as “the beginning of the hate.”

In 2008, Foulke and the Kanes started sending photographs and videos to Williams’ worker’s compensation insurance company, claiming he was operating an illegal business. But the insurance company could not find anything wrong with Williams’ setup.

After the neighbors took their grievances to the county government, Williams reluctantly secured a business license.

Eventually, Foulke and the Kanes filed the 2014 lawsuit against Williams in Chancery Court, best known for resolving corporate disputes between national companies, although it occasionally dabbles in property rights cases.

Williams’ daughter Kayla created a GoFundMe page for her father to cover the costly lawsuit. More than 3,000 people poured $58,000 into GoFundMe, most of which – including the $35,000 he used for attorney fees, the 10 percent he funneled into organizations like Delaware Family Policy Council and the remainder he used to fix up a truck – has dried up by now.

Yet the legal saga cost him more than dollars and cents. Williams said he lost friends and endured family issues, still absorbing the lingering effects of the lawsuit.

Attorney Richard Berl Jr., who represented Williams in the lawsuit, said he and his client had hoped the Supreme Court would affirm the lower court’s decision.

“They did not add anything in the way of a rationale, which supports the vice chancellor,” Berl said. “It says that he kind of decided it correctly. There was no reason to try to alter those decisions.”

Berl added he thought the vice chancellor’s decisions were “well-reasoned” and based on the evidence that was presented, which was “very much in Mr. Williams’ favor.” He said the Supreme Court’s opinion only made that clearer.

Glasscock ruled Williams’ garage is not a commercial business, but a place to hone his hobby. He also found Williams’ neighbors thwarted some of his attempts to bring the workshop up to code.

To build her “nuisance” case, Foulke pointed a video surveillance system toward William’s home and set up a pinger to alert her when a car drove on Summer Place. While she claimed the number of cars passing through was “too voluminous” to keep track, Glasscock pointed out she and the Kanes failed to provide more concrete evidence, such as decibel readings and sound recordings.

“It’s been six years since they’ve had video cameras pointed toward my home,” Williams said. “I’m elated to death it’s over, but that doesn’t mean anything has stopped.”

Williams added the battle is not over until the recording devices are gone for good. He said he does not believe there will be a reconciliation for “quite some time.”

“There has to be some recompense for their actions,” Williams said.

Berl said he does not expect the plaintiffs to bring Williams back to court anytime soon. Williams isn’t so sure, but that doesn’t mean he won’t take a swing.

Berl said his client is considering taking action against Foulke for invasion of his privacy.

“We’ll examine that now that the other issues have been resolved,” Berl said.

Attorney Dean Campbell, who represented the plaintiffs, had no official comment on the court's ruling, but noted he and his clients found the decision "disappointing."

Contact Caitie Burkes at [email protected], (985) 640-2526 or on Twitter @caitie1221.

Charles Williams started his Fourth of July celebration early, on June 30.

After six years of prolonged legal wrangling and court battles with his neighbors over his Harbeson garage, he relished the Delaware Supreme Court's decision in his favor.

“It's a relief,” he said. “I want to put it in the rear-view mirror.”

The Delaware Supreme Court took 16 days to decide the matter. On June 30, Chief Justice Leo Strine and Justices Karen Valihura and James T. Vaughn Jr. affirmed the Court of Chancery decision in favor of Williams and his garage.

“The court having considered this matter on the briefs filed by the parties has determined that the final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its memorandum opinion dated November 4, 2016,” the two-sentence order reads.

Williams' neighbors, Margaret Foulke and Carol and John Kane, have fought for years against Williams' garage, which they say was built illegally and against county code.

Carol Kane declined to comment about the Delaware Supreme Court decision or whether the neighbors would appeal the court's decision.

Long battle

Nestled off Martin Farm Road in Harbeson at the end of a 275-foot driveway known as Summer Place Lane, Williams' home was bought in 1999 and the 5-acre parcel was subdivided in 2007. Foulke and her partner, George Defrehn, who live next door, bought two parcels.

With proceeds from the sale, Williams – a double amputee – built a four-car garage nearly 2,000 square feet with a 600-square-foot lean-to addition.

Chancery Court Judge Sam Glasscock referred to it as an “auto tinkerer's Taj Mahal” decorated with ornamental signs, an old phone booth, an unoperational traffic light and a nonfunctioning Pepsi machine.

“Flush with cash from the sale of the front and rear lots, Williams pursued a long-held wish: owning a shop where he could pursue his hobby of working on cars,” Glasscock wrote in his 2016 opinion.

Glasscock determined that Williams is allowed to work on cars with his friends – the same conclusion Sussex County officials came to following dozens of filings and complaints filed by the Kanes, Foulke and Foulke's nephew, Robert Walker Jr., who had built a house on one of the lots Williams sold to Foulke.

Walker now rents out the home; he was a plaintiff in the Chancery Court case, but not the Delaware Supreme Court appeal.

Glasscock said that Williams and Walker must work out details of speed bumps or speed limit signs on the driveway that their properties share. Walker declined to comment after the Chancery Court opinion and said he would have no further comment on the case.

Story goes viral

News of Williams' garage battle spread fast across car enthusiast websites after the Cape Gazette published its first story in October 2016. More than 1 million people viewed a video that went with the story.

A Gofundme account created after the 2016 article raised about $58,000 to help defray legal costs. Williams said after taxes and fees, it helped cover nearly $40,000 he spent on legal fees.

He said he thanks everyone for their support during his ordeal.

“It appears that justice has finally been served,” he said. “What a great time to get the decision.”

The original story and video can be found at http://www.capegazette.com/article/neighbors-sue-stop-auto-repairs-harbeson-home/114001.