Rep. Short backs McCafferty in basketball pole removal scandal

March 30, 2011 4:35 PM EDT

The removal of a basketball pole from John McCafferty's cul-de-sac property has caused a stir in the state of Delaware.  The incident was capture on tape and showed questionable actions on the part of the Delaware state troopers involved.

To see the video of the incident, click here.

The Delaware Department of Transportation (DelDOT) removed the pole due to alleged traffic violations. 

McCafferty disagrees with those allegations.  Delaware State Representative Bryon Short -- who has been working with McCafferty to fight the basketball pole's removal - backs him.

Below is a letter, dated October 4, 2010, that Short sent to DelDOT, explaining why DelDOT should not have been allowed to remove the pole:

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The Honorable Carolann Wicks

Secretary

Delaware Department of Transportation

PO Box 778

Dover, DE 19903

Re: Clear Zones with Rights-of-Way and Basketball Hoops

Dear Secretary Wicks:

In furtherance of our recent discussion relating to the basketball hoops in the Radnor Green neighborhood, I write to you to set forth the bases upon which I believe that the Delaware Department of Transportation ("DelDOT") can amicably resolve this matter.

I believe it is best to start with the statute that is arguably applicable to the facts: Section 525 of Title 17 of the Delaware Code, titled "Maintenance of clear zones within rights-of-way" ("Section 525"). This statute was enacted during the 139th Session of the Delaware General Assembly, spanning from 1997 - 1998.

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