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MARTA v. SULLIVAN

248 A.2d 608 (1968)

Albert H. MARTA, Defendant Below, Appellant, v. Francis M. SULLIVAN, Dorothy B. Sullivan, William J. Collins, Mary J. Collins, Theresa D. Messick, George E. Messick, Leo J. Cotnoir, Pauline L. Cotnoir and Church of the Nazarene, a corporation of the State of Delaware, Plaintiffs Below, and Board of Adjustment of the City of Newark, Defendant Below, Appellees.

Supreme Court of Delaware.

November 22, 1968.

Attorney(s) appearing for the Case

William F. Lynch, II, of Morris, James, Hitchens & Williams, Wilmington, for defendant below, appellant.

Francis M. Sullivan and other appellees, per se.

Clyde M. England, Jr., of Killoran & Van Brunt, Wilmington, for the City of Newark.

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

HERRMANN, Justice:

The determinative question in this zoning case is whether the controlling section of the Newark Zoning Ordinance [Section 501(d)]1 contains sufficient standards and guidelines to constitute a lawful delegation of legislative power and to afford due process. We think not.

I.

The appellant, Albert H. Marta, applied for a permit to construct garden-type apartment buildings in a Residential "RD" District...

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