Wilmington not obligated to join Potters' housing battle, judge says

The city of Wilmington will not need to insert itself in a years-long housing dispute between two married Delaware politicians and the company the couple hired to do home repairs, a Superior Court judge ruled Monday morning. 

Wilmington Treasurer Velda Jones-Potter and state Rep. Charles Potter Jr. had requested a writ that would force the city's licenses and inspection department to hold their former contractor, SC&A Construction, responsible for code violations. 

The Potters have lost legal battles against the contractor in Superior and Chancery court, and twice in the Delaware Supreme Court. The Potters said they had to pay about $300,000 for faulty work. 

Potters' home not in sheriff sale, but their legal fight continues

Judge Charles Butler said on Monday it is Wilmington's prerogative whether or not to enforce code violations and that he would not order the administration to get involved. 

"Y'all fought your fight with SC&A ... the litigation didn't turn out well," Butler said. "So now you want to use the city's L&I enforcement authority to get what you didn't get in your arbitration action."

The couple's lawyer, Richard Abbott, argued that the city has a duty to enforce violations it issues. Butler disagreed, saying the right of enforcement is discretionary. 

"If the executive doesn't want to, it's a political question, not a legal question," Butler said. 

If the city did get involved, the judge said officials might take action the Potters would find unfavorable. 

"Be careful what you ask for," Butler said. "Let's say the city engaged your request ... and they discovered the building was not habitable. It seems to me the next logical step is for the city to condemn the building and bulldoze it ... How does that benefit your client?" 

The judge suggested the money the Potters spent on a lawyer would be better spent just fixing the work they allege is defective. 

"These people are all cutting off their nose to spite their face," Butler said.

Ultimately, Butler granted the city's motion to dismiss the Potters' case.

John Rago, Mayor Mike Purzycki's deputy chief of staff for policy and communications, had no comment other than to say the city is "very pleased with Judge Butler’s ruling.”

Outside of court, Charles Potter Jr. said he and his wife are not giving up, although he did not say what further steps they would take. 

"We're going to continue to fight for our home," he said. "We came to court to get justice and we haven't gotten any of it ... The city has spent a tremendous amount of money not to enforce the codes against us, which we don't understand."

Potter wants SC&A to pay to have another contractor fix the roof of his home, where the couple continues to live. Wilmington's refusal to get involved, he said, is "political." 

"They want to hide behind the law," he said. 

The Associated Press contributed to this report. 

Contact Christina Jedra at (302) 324-2837, cjedra@delawareonline.com or on Twitter @ChristinaJedra.