In a split decision, the U.S. Court of Appeals for the Third Circuit has ruled that a Rehoboth Beach resident’s status as a taxpayer didn’t allow her to contest a special election that narrowly approved a $52.5 million bond issue.
A majority of the three-judge panel on Sept. 6 said that Jackie Nichols could not bring her suit in federal court because she had voted in the 2015 election, which authorized the funds to be spent on an ocean outfall project. Given her voter status, the panel said, Nichols could not claim an injury necessary to invoke the court’s subject matter jurisdiction.
