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OLNEY v. COOCH

425 A.2d 610 (1981)

Austin P. OLNEY, Secretary of the Department of Natural Resources and Environmental Control, (Phillip Poms and Herbert Block, real parties in interest), Appellants, v. Edward W. COOCH, Jr., W. Allen Jones, W. W. Sezna, Albert E. Thompson, Appellees.

Supreme Court of Delaware.

Decided January 19, 1981.

Attorney(s) appearing for the Case

John Terence Jaywork (Argued) of Hudson, Jones & Jaywork, Dover, for appellants Phillip Poms and Herbert Block.

Eugene H. Bayard (Argued) of Wilson, Halbrook, Bayard, Bunting & Marshall, Georgetown, for appellees.

June D. MacArtor, Deputy Atty. Gen., amicus curiae, for appellant Austin P. Olney.

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

HORSEY, Justice:

The question determinative of this appeal is whether Superior Court properly cancelled a siting permit granted by the Department of Natural Resources and Environmental Control (the Department) for the erection of a residential structure on private oceanfront land east or seaward of the Department's building line under Department Regulations1 adopted under Delaware's Beach Preservation...

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