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ATLANTIS I CONDOMINIUM ASS'N v. BRYSON

403 A.2d 711 (1979)

ATLANTIS I CONDOMINIUM ASSOCIATION, Appellant Below, Appellant, v. John C. BRYSON, Secretary of Department of Natural Resources and Environmental Control of The State of Delaware, Appellee Below, Appellee.

Supreme Court of Delaware.

Decided May 23, 1979.

Attorney(s) appearing for the Case

Robert L. Halbrook, of Wilson, Halbrook, Bayard & Bunting, Georgetown, for appellant below, appellant.

June D. MacArtor, Deputy Atty. Gen., Dover, and James D. Griffin, of Griffin & Hackett, P.A., Georgetown, for appellee below, appellee.

Before DUFFY, McNEILLY and QUILLEN, JJ.

McNEILLY, Justice:

In this appeal from Superior Court, the issues presented are:

(1) Whether the Beach Preservation Act of 1972, 7 Del.C. Ch. 68, invests the Department of Natural Resources and Environmental Control (DNREC) with the authority to issue permits regulating residential construction on private beaches in Delaware; and, (2) If that authority is found to exist, whether it constitutes a...

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