WILSON v. PENCADER CORPORATION


199 A.2d 326 (1964)

Ernest S. WILSON, Jr., Warren S. P. Combs, Jr., and Tyson F. Sartin, constituting the Board of Adjustment of New Castle County, Respondents Below, and Cooch's Bridge and Chestnut Hill Civic Associations, Intervenors Below and Appellants, v. PENCADER CORPORATION, a corporation of the State of Delaware, Petitioner Below and Appellee.

Supreme Court of Delaware.

January 17, 1964.


Attorney(s) appearing for the Case

John VanBrunt, Jr., and E. D Griffenberg, Jr., Wilmington (of Killoran & Van-Brunt, Wilmington), for intervenors below and appellants.

E. N. Carpenter, II, and W. E. Wiggin, Wilmington (of Richards, Layton & Finger, Wilmington), for petitioner below and appellee.

Januar D. Bove, Jr., of Connolly, Bove & Lodge, Wilmington, for City of Newark, amicus curiae.

TERRY, Chief Justice, CAREY, Justice, and SEITZ, Chancellor, sitting.


SEITZ, Chancellor.

This is an appeal from a zoning decision of the Superior Court.

Pencader Corporation ("Pencader"), petitioner below, appellee here, requested the New Castle County building inspector to approve, in conjunction with commercial quarrying, the operation of a rock crusher on land located in Pencader Hundred which was zoned R-2. The request was denied and Pencader appealed this ruling to the Board of Adjustment pursuant to 9 Del. C. § 2617...

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