In a court of law, many cases are decided by stare decisis. Translated from Latin, stare decisis means “to stand by that which is decided.” In common terms, it means that courts should follow precedent established in previous decisions.
Although Kent County Levy Court is a court in name only, actually a legislative branch of government and not a judicial one, the commissioners established a dangerous precedent Aug. 24. In a 4-3 vote, Levy Court gave Coker Concrete in Dover more time to comply with the 28 conditions placed on the property in July 2009.
But 2009 is not where the Coker issue began. The county has gone back and forth with Coker since 2003, when the business opened on Horsepond Road. Residents in the area have been looking to the county for help in keeping the concrete recycling center from impacting their quality of life for seven years.
In that time, little to no progress has been made. Residents have been disappointed at every turn.
“He does what he wants, when he wants, how he wants,” Commissioner Allan Angel said. “Here we go again. I have a hard time believing that he’s going to comply in another six months.”
Levy Court President P. Brooks Banta noted that it is “serious business to put people out of business.”
And he is correct. The county should not make a habit of putting Kent Countians out of business, taking jobs away from hard-working people. Those decisions should not be taken lightly.
But what the county should be in the business of is enforcing its rules. By giving Coker Concrete chance after chance after chance, the commissioners have told the citizens of Kent County that the rules are subject to interpretation — comply with what you want to, but leave behind the conditions you don’t agree with.
It is a decision and precedent Levy Court commissioners may not want to stand by in the future.
Email Maureen Raitz at maureen.raitz@doverpost.com.
