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MILLER v. BD. OF ADJ. OF DEWEY BEACH

521 A.2d 642 (1986)

Phillip MILLER and David Deakyne, Partners In M & M Associates, a Partnership of the State of Delaware, Appellants, v. The BOARD OF ADJUSTMENT OF the TOWN OF DEWEY BEACH, Delaware, a Municipal Corporation, Appellee.

Superior Court of Delaware, Sussex County.

Decided: November 17, 1986.

Attorney(s) appearing for the Case

Robert C. Wolhar, Jr., of Wolhar & Associates, P.A., Georgetown, for appellants.

Francis C. Gondek, of Terry, Jackson, Terry & Wright, Georgetown, for appellee.

OPINION

CHANDLER, Judge.

This is an appeal from the decision of the Board of Adjustment of the Town of Dewey Beach affirming the denial of certificates of occupancy by the town's building inspector to Dr. David Deakyne. The basis for the denial of the certificates is two violations of the town's zoning code, a side-yard setback encroachment and a density violation. The first violation has been acknowledged by Dr...

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