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ALLEN v. DONOVAN

239 A.2d 227 (1968)

John W. ALLEN, Mildred H. Allen, Donald S. Gaster, and New Castle County, Successor to Joseph S. Dayton, Harry B. Roberts, Jr., and John D. Daniello, Levy Court Commissioners, Defendants Below, Appellants, v. Maurice M. DONOVAN, Peter C. Townsend, Douglas W. Wiley, Robert B. Ramsey and John Mitchell, Jr., Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Modified February 29, 1968.

Reargument Denied February 29, 1968.

Attorney(s) appearing for the Case

William F. Lynch, II, and Eduard F. von Wettberg, III, of Morris, James, Hitchens & Williams, Wilmington, for Allen, Allen and Gaster, appellants.

Clarence W. Taylor, County Atty. for New Castle County, appellant.

William Prickett and Richard W. Pell, of Prickett, Ward, Burt & Sanders, Wilmington, for appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from a judgment in Chancery declaring invalid a proposed rezoning of 17.4 acres of land in Brandywine Hundred.

On March 30, 1964 the landowners petitioned the Zoning Commission* to rezone the 17.4 acres from single-family residential use [R-1-B] to multi-family residential use [R-4]. After a hearing the Zoning Commission recommended refusal of...

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