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DI'S, INC. v. McKINNEY

No. 70, 1995.

673 A.2d 1199 (1996)

DI'S, INC., a Delaware corporation, Defendant Below-Appellant, v. Clarence W. McKINNEY, Sr., Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: April 16, 1996.

Attorney(s) appearing for the Case

George F. Gardner, III of Parkowski, Noble & Guerke, P.A., Dover, for Appellant.

Mark F. Dunkle of Prickett, Jones, Elliott, Kristol & Schnee, Dover, for Appellee.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en Banc.

BERGER, Justice: For the majority,

This is an appeal from a decision of the Superior Court overturning a decision of the Kent County Board of Adjustment (the "Board") interpreting Article 9, Section 14.6 of the Kent County Zoning Ordinance. Appellant, Di's, Inc. ("Di's"), persuaded the Board that a retail shopping center is a permitted accessory use for a manufactured home park. Appellee, Clarence W. McKinney, Sr. ("McKinney...

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