Just last week, developers and state officials gathered for the long-delayed port of Wilmington Edgemoor expansion.
Delaware Congresswoman Sarah McBride said when she and other lawmakers met with Enstructure for the first time, they asked the now-port manager, "a lot of hard-hitting questions... the byproduct of probably a lot of trauma of false starts."
Gov. Matt Meyer also celebrated: "this is what happens when government, labor, and private industry sit down and work together."
But legal pressure continues to mount, as taxpayers with a lawsuit against the Diamond State Port Corporation and Enstructure now call for a summary judgement in their case.
It argues the case doesn’t need to go to trial, because multiple actions taken by the DSPC between 2018 and 2023 were clear violations of code written for the group to follow.
It uses an affidavit from State Sen. Dave Wilson, who requested to join the taxpayer's lawsuit in August.
As a State Rep in 2018, Wilson voted to approve Delaware’s partnership with the port's previous private operator, Gulftainer. He was also on the Bond Bill committee this year when DSPC asked for additional funds for the expansion project.
In the affidavit, Wilson said the General Assembly was not informed in 2019 when Gulftainer took out a $350 million mortgage on port properties. Filings say this violates code that, "the Corporation shall not enter into any agreement or transaction to transfer, privatize, or lease all or substantially all of the Port of Wilmington to a single entity, or to a related group of entities.”
Wilson wants to join the suit because he says as a lawmaker involved in the port and state budget, he wasn’t given necessary information. His affidavit also says DSPC didn’t seek required approval from the General Assembly when it transferred management of the port to Enstructure in 2023.
The taxpayers in the case have requested the court appoint an independent monitor oversee operations. And if the judge grants summary judgement, that would be a possible outcome.
DSPC has until Sept. 25 to respond to Wilson’s request to join the suit.
