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SEARLES v. DARLING

No. 5, February Session, 1951.

83 A.2d 96 (1951)

SEARLES v. DARLING et al.

Supreme Court of Delaware.

August 7, 1951.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, for appellant.

David F. Anderson (of Berl, Potter & Anderson), Wilmington, for J. Frank Darling, appellee.

August F. Walz, Wilmington, for James F. Hearn, Edwin F. Koester, and himself, constituting the Board of Adjustment of the City of Wilmington, appellees.

WOLCOTT and TUNNELL, Justices, and LAYTON, Judge, sitting.

TUNNELL, Justice.

J. Frank Darling, one of the appellees, proposes to build an apartment house in Wilmington, and nearby, at 1701 Hancock Street, as an incident to the apartment house enterprise, an eight-story garage. There is no difficulty about the apartment building; this case concerns the garage. The problem arises because the lot where Darling has applied for permission to build his garage is within a district zoned as residential.

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