SULLIVAN v. MARTA


256 A.2d 736 (1969)

Francis M. SULLIVAN et al., Plaintiffs Below, Appellants, v. Albert H. MARTA and Board of Adjustment of the City of Newark, Defendants Below, Appellees.

Supreme Court of Delaware.

July 10, 1969.


Attorney(s) appearing for the Case

Francis M. Sullivan and other appellants, per se.

William F. Lynch, II, of Morris, James, Hitchens & Williams, Wilmington, for Albert H. Marta, defendant below, appellee.

Clyde M. England, Jr., of Killoran & Van Brunt, Wilmington, for Board of Adjustment of the City of Newark, defendant below, appellee.

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


HERRMANN, Justice:

The Superior Court has affirmed the permission granted by the Board of Adjustment to Albert H. Marta to construct a garden-type apartment project in the City of Newark in a Residential "RD" District. Under Section 501(d) of the Newark Zoning Ordinance, multiple dwelling is a permitted use in such District "when authorized by the Board of Adjustment after public hearing."1

This is the second appeal in this case...

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