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CHADWICK v. JANAMAN

349 A.2d 742 (1975)

John David CHADWICK and New Castle County Board of Adjustment, Defendants below, Appellants, v. Anthony JANAMAN, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided December 23, 1975.

Attorney(s) appearing for the Case

Harvey B. Rubenstein, Wilmington, for defendant below, appellant, John David Chadwick.

Joseph M. Bernstein, Asst. County Atty., Wilmington, for defendant below, appellant, New Castle County Bd. of Adjustment.

Francis S. Babiarz, Biondi & Babiarz, P. A., Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

McNEILLY, Justice.

The sole issue in this appeal is whether a petition for a writ of certiorari, pursuant to 9 Del.C. § 1353, is "presented to the Superior Court" when filed with the Prothonotary.

I

On October 25, 1974, the New Castle County Board of Adjustment granted a zoning variance to John David Chadwick. On November 22, 1974, Anthony Janaman filed with the Prothonotary* a petition to the Superior Court for review...

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