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    Copied below is a letter to a Delaware deputy attorney general about a prior letter to the secretary of the Delaware Department of Natural Resources and Environmental Control. A copy was furnished to the Delaware State News for publication, but it did not include a copy of the e-mail referenced in the below letter’s text. You can post your opinions by clicking on "Reply."

    Dear Deputy Attorney General Willard:

    Appellants appear to make an argument which is quickly dispatched. The matter is either moot, in which case the parties are permitted to make arguments to demonstrate that situation (this is obviously well accepted by Delaware Courts and courts everywhere), or the matter remains a case or controversy, and the parties are permitted to continue to protect their legal positions.

    Appellants have appeared to confuse mootness with withdrawing an appearance in a matter. The Letter to DNREC’s Secretary was not a withdrawal of appearance in this appeal.

    Sea Colony Recreational Association, Inc. (“Sea Colony”) has not withdrawn its appearance in this matter. Indeed, as you are aware, Sea Colony has actively continued to preserve its legal position in this mater through ongoing communications with the Board with respect to the mootness of the situation.

    Thus, since Sea Colony continues to be a party to this appeal, and will be so until there is a determination that there is no appeal (on whatever basis), Sea Colony continues to have standing in this action to present its view of the matters.

    In any event, I believe that the email below is an absolute concession by the Appellants that the matter is now moot. Indeed, if Sea Colony, as appellants believe, cannot participate in the matter relating to its own application, this is the very definition of a matter that is moot.

    Since the Appellants have recognized the significance of Sea Colony’s letter and the response by DNREC regarding the now-withdrawn Application that was the subject of the appeal, I respectfully submit that the matter is, as previously represented, now moot. The appeal must be dismissed, and the matter closed.

    Unless otherwise directed, Sea Colony will submit its full Motion to Dismiss on Friday, June 29, and participate in the pre-hearing conference on July 3rd.

    Robert J. Valihura Jr., Esquire

    The Law Office of Robert J. Valihura Jr.

    1203 N. Orange St.

    Wilmington, DE 19801

    Editor’s note: The author also is a former state representative for the 10^th District, a Republican residing in Talleyville.