JANAMAN v. NEW CASTLE CTY. BD. OF ADJUSTMENT


364 A.2d 1241 (1976)

Anthony JANAMAN, Plaintiff, v. NEW CASTLE COUNTY BOARD OF ADJUSTMENT and John David Chadwick, Defendants.

Superior Court of Delaware, New Castle.

Decided August 19, 1976.


Attorney(s) appearing for the Case

Francis S. Babiarz, of Biondi & Babiarz, Wilmington, for plaintiff.

Joseph M. Bernstein, Wilmington, for defendant New Castle County Board of Adjustment.

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


CHRISTIE, Judge.

This appeal from a decision of the New Castle County Board of Adjustment involves the issue of whether or not there is substantial evidence to support the Board's granting of a zoning variance in light of the criteria mandated by 9 Del.C. § 1352(a) (3) and § 25-85 of the New Castle County Code.

Defendant John David Chadwick, has operated a licensed exterminating business from his place of residence for fifteen to twenty years. The...

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