Your input is appreciated, but the Wave maintains that the linked memo and letter, when read in full, do not support your contention that “the disagreement became moot when the size of the new plant was changed from 500K to 250K gpd.” The Town appears to have lost its nerve and decided not to litigate to make Bay Creek fulfill its obligations under the Annexation Agreement, which were to participate financially in creating capacity and tertiary cleaning of wastewater. When Bay Creek refused to pay for any part of the plant designed for 500,000 gpd, residents of Cape Charles were left to pay for a plant that “will have a capacity of 250,000 gpd and will be capable of expansion to 500,000 gpd and beyond in the future as needed,” according to the Wastewater Project Preliminary Engineering Report about the Southern Node on the Northampton County Website. –EDITOR

Not sure what fully constitutes a trigger, yet it seems that good faith and the partnership between the development and the Town is being strained by Bay Creek’s refusal to step up and help the ordinary people of Capes Charles, who did act in good faith (by assuming the debt service) by building a robust plant that would meet all of Bay Creek’s needs.

Bay Creek is part of a multi-billion dollar enterprise, so it would appear that stepping up, acting like gentleman, and fulfilling the agreement that anyone with any common sense understands existed between the parties should not be a difficult task to accomplish.

Whether there turns out to be any legal obligation has yet to be determined (this is very murky territory, and may ultimately have to be resolved by litigation), but it seems that this a golden opportunity for the development to do the right thing and make a statement that it is indeed part the real Cape Charles and not just a segre(gated) community (sēgregāre, Latin ‘to part from the flock) that merely happens to share the 23310 zip code with homes in the historic district.