Judge pauses Port of Wilmington Edgemoor lawsuit: residents allege financial mismanagement at the port
Delaware Superior Court Judge Sheldon Rennie ruled on October 22 to pause a residents' lawsuit over the Port of Wilmington's Edgemoor project, granting the port officials' request to halt evidence gathering and written arguments. Delaware Online reported the hearing outcome the same day.
Until the judge decides whether to dismiss the case, the resident plaintiffs may not request documents or question witnesses. The plaintiffs must file their answer to the dismissal motion by November 2. The lawsuit, filed last month, alleges that port operators and state overseers entered into agreements without the required review and approval of the state legislature, amounting to financial mismanagement and an unlawful transfer of control of the port. Many plaintiffs are members of the StoptheEdgemoorPort.com coalition.
According to the plaintiffs, the port received General Assembly approval on April 24, 2018, in the form of House Concurrent Resolution 76, to sign a concession lease of up to 50 years with GT USA Wilmington to operate the existing port and the proposed Edgemoor property, and the parties signed on or about September 18 that year. But the plaintiffs allege that on January 14, 2019, GT USA obtained a roughly $350 million credit line and mortgage transaction secured by Diamond State port property without the written consent of the General Assembly required by the resolution. In an August 24 affidavit, state Senator Dave Wilson also alleged that GT USA failed to pay rent, illegally dumped about 10,000 tons of noxious tire scraps at the Edgemoor site, and owed the Diamond State Port Corporation close to $3 million in health care premiums. The defendants, including Enstructure, which succeeded GT USA as operator, argue that neither the plaintiffs nor Wilson has legal standing and that the agreement aligns with state policy. Plaintiffs' attorney Darrell Baker said that if the dismissal motion is granted the litigation could end, and that either side could appeal to the state Supreme Court.
Published by GSM · USA (original Chinese edition)
Photo: 威尔明顿港实景。摄影：Diiscool，CC0，来源：Wikimedia Commons
