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Ardentown trustees rescind two ordinances after Delmarva lawsuit
Summary
After receiving legal advice and hearing concerns about a Delmarva lawsuit alleging restricted easement access, Ardentown trustees voted Nov. 10 to rescind two recently adopted ordinances; one motion passed 34–0–2 and the other 27–2–3.
Ardentown trustees voted during their Nov. 10 regular meeting to rescind two ordinances that had drawn legal scrutiny from Delmarva and outside advisors.
The trustees passed a motion rescinding Ordinance No. 2025-02, titled “Transmission Line Infrastructure” (concerning voltage), with a vote of 34 in favor, 0 opposed and 2 abstentions. They also voted to rescind Ordinance No. 2025-01, “Preservation of Historic Character” (concerning height restrictions), with a vote of 27 in favor, 2 opposed and 3 abstentions.
Town Chair Melissa Parsonson introduced discussion after trustees reviewed a formal lawsuit filed by Delmarva that alleges the Village’s actions restrict access to a utility easement. Representative Ray Seigfried summarized legal concerns for the group, saying that the handout prepared by a resident “noted that Ardentown operates under a charter establishing a unique form of government” and that the ordinances “may conflict with state law,” and that utility regulation generally falls under the Public Service Commission rather than municipal ordinances.
Trustees also discussed potential financial exposure. The minutes note that the Delmarva filing includes standard language seeking attorney fees; meeting participants flagged that, if successful in court, such a claim could require the Village to pay legal costs. The Village’s attorney, Ted Rosenthal, reviewed the ordinances prior to their repeal and advised trustees that the risks associated with the ordinances outweighed potential benefits and recommended rescission.
Formal motions were made in the meeting record as: “THE TRUSTEES MOVE THAT THE VILLAGE OF ARDENTOWN ORDINANCE #2025-02 ‘TRANSMISSION LINE INFRASTRUCTURE’ (CONCERNING VOLTAGE) BE RESCINDED,” and a similar motion for Ordinance #2025-01. Both motions were seconded and recorded as passing by the tallies above.
The minutes note an upcoming telephone hearing concerning the matter on Nov. 18. The trustees did not record further legal strategy in the minutes beyond the counsel recommendation and the votes to rescind.
Next steps: the record shows a scheduled hearing on Nov. 18; the Village will proceed with the court process and any follow-up actions as advised by counsel.
