On May 26, 2026, BMF Attorneys secured dismissal of a challenge to the Town of Fenwick Island’s elections. Delaware Superior Court’s Memorandum Opinion agreed with the arguments presented by BMF’s attorneys that the ACLU’s complaint failed to state a claim upon which relief could be granted. In bringing their complaint, the ACLU sought to upend Fenwick’s Charter – and Delaware law – with regard to how municipal elections are administered.
Fenwick Island’s Mayor, Natalie Magdeburger, issued the following statement:
“We are a small, multigenerational town, and we believe that a property owner who pays taxes and is subject to our ordinances should have a say in who represents them on our Town Council.”
Mayor Magdeburger went on to say that many of Fenwick Island’s property owners that are legal entities are actually family or marital trusts – established for estate purposes – and “the business property owners that are legal entities are typically small businesses that have had a presence in Fenwick for years.”
She concluded:
“We firmly believe Fenwick’s system is just and fair and gives everyone a voice.”
BMF’s Senior Counsel, Luke Mette, who serves as Town Solicitor, said:
“The Superior Court’s well-reasoned decision speaks for itself.”
Solicitor Mette was joined in the briefings and arguments by two of Delaware’s most skilled courtroom litigators, BMF attorneys Mark Denney and Joe Grubb, with an assist from numerous other BMF counsel and subject matter experts – including Alexander Burns, Nicholas Tyler, Gabriel Finamore, and James Churchman – throughout the litigation.
Glenn Mandalas, BMF’s Managing Partner, commented:
“I remain proud of the collective effort and exceptional talent of BMF’s legal team. Whether our clients’ cases are of public interest and high-profile, or private matters of deep personal concern, BMF’s attorneys consistently deliver the experience, care, and skill to achieve success.”
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