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BAYNARD COURT, INC. v. CITY OF WILMINGTON

273 A.2d 275 (1971)

BAYNARD COURT, INC., a Delaware corporation, and Joseph W. Remedio, Inc., a Delaware corporation, Plaintiffs, v. CITY OF WILMINGTON, C. Webster Johnson, Commissioner, Department of Licenses and Inspections of the City of Wilmington, and Michael Di Eleuterio, Zoning Administrator, Department of Licenses and Inspections of the City of Wilmington, Defendants.

Superior Court of Delaware, New Castle.

January 13, 1971.

Attorney(s) appearing for the Case

Stanley C. Lowicki, of O'Donnell, Hughes & Lowicki, Wilmington, for plaintiffs.

Victor J. Columbo, Asst. City Sol., Wilmington, for defendants.

OPINION

STOREY, Judge.

This is an action for a writ of mandamus compelling defendant to issue a building permit for construction of a medical office building on land zoned R-5-B within the City of Wilmington. Under the Revised Building Zone Ordinance of the City of Wilmington, as approved on March 8, 1962, construction of a medical office building on land zoned R-5-B was a permissible use as a matter of right. A...

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