All the claims made against home mechanic Charles Williams have been denied.
Charles Williams has gasoline coursing through his veins. His neighbors do not. So they objected vehemently when Williams built a large and extremely awesome garage on the side of his house in Harbeson, Delaware.
The Foulkes and the Kanes made repeated attempts to get Williams’ garage closed or even pulled down. They cited noise, smells, and traffic nuisances, and even accused Williams of running an illegal commercial repair shop.
Throughout, Williams maintained the garage was simple a place for he and his buddies to gather and fix their cars, adding he had never asked for or taken payment.
The Sussex County planning and zoning department judged the garage was not in violation of any building codes, despite the neighbors continued assertions to the contrary. And in June of this year, a local judge determined that the dispute could not be settled in court.
That same judge has hopefully brought the six-year dispute to a close, denying the neighbors claims.
Chancery Court judge Sam Glasscock issued the following judgement:
I conclude that the provisions of the Zoning Code that the Plaintiffs allege Williams has violated are not Code provisions intended to protect their safety. This violations of those Code provisions, if such violations exists are insufficient to support a finding of nuisance per se.
For the foregoing reasons, Plaintiffs’ request for an injunction to remove Defendant’s Pole Building is DENIED. Plaintiffs’ request to enjoin the use of that building for the non-commercial enjoyment of the Defendant, by its use for hobby auto maintenance and repair, is DENIED. Plaintiff’s request that I order the Defendant to remove the ornamental signs of his property is DENIED. The Plaintiffs have failed to establish that the Defendant has created a nuisance per se, and no relief under that theory is available to the Plaintiffs. Plaintiffs’ request that the Defendant pay their legal fees is DENIED.
In other words, the judge has ruled that the Foulkes and the Kanes have not proven their claims of nuisance and building code violations, and that they have to cover their own legal fees. A campaign to raise funds for Williams’ defence currently stands at nearly $60,000.
“Praise the lord, I’m elated,” Williams said. “I can breathe deep now.”
That may not be the end of the matter, as the neighbors said they intend to take the case to the Delaware supreme court if a judgement was made against them.