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BOARD OF ADJUSTMENT OF NEW CASTLE CTY. v. BARONE

314 A.2d 174 (1973)

The BOARD OF ADJUSTMENT OF NEW CASTLE COUNTY et al., Respondents Below, Appellants, v. Anthony J. BARONE and Molly C. Barone, Petitioners Below, Appellees.

Supreme Court of Delaware.

Reargument Denied December 7, 1973.

Attorney(s) appearing for the Case

Harvey B. Rubenstein, Asst. County Atty., Wilmington, for appellants.

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

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

DUFFY, Justice:

The single question in this appeal is whether Superior Court Rule 4(a) Del.C. Ann. limits the time in which an alias writ may issue in a certiorari proceeding.

I

On November 30, 1971 the Board of Adjustment of New Castle County rejected an application by Anthony J. Barone and Molly C. Barone, his wife (petitioners) who then sought a review of the decision by certiorari in the Superior Court...

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