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TATE v. MILES

503 A.2d 187 (1986)

James E. TATE and Great Eastern, Inc., a corporation of the State of Delaware, Defendants Below, Appellants, v. George H. MILES, Jr., and Chester Foreman, individually and on behalf of other individuals similarly situated. Plaintiffs Below, Appellees. COUNTY COUNCIL OF SUSSEX COUNTY, Ralph E. Benson, Charles W. Cole, Oliver E. Hill, William D. Stevenson, W. Howard Workman, County Planning and Zoning Commission of Sussex County, John L. Allen, Lloyd Hickman, Millard W. Monroe, Donald Ralph, Hugh P. Smith, Defendants Below, Appellants, and James E. Tate and Great Eastern, Inc., a corporation of the State of Delaware, Defendants Below, Appellants, v. George H. MILES Jr., and Chester Foreman, individually and on behalf of other individuals similarly situated, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: January 9, 1986.

Attorney(s) appearing for the Case

Melvyn I. Monzack (argued) and Francis A. Monaco, Jr. of Walsh and Monzack, Wilmington, for appellants Tate and Great Eastern.

A. Dean Betts (argued), Georgetown, for appellant Planning and Zoning Com'n of Sussex Co.

Richard E. Berl, Jr. (argued) of Griffin & Hackett, P.A., Georgetown, for appellees.

Before CHRISTIE, C.J., HORSEY and MOORE, JJ.

CHRISTIE, Chief Justice:

In this case we are called upon to decide whether a change in a County zoning ordinance (or regulation), which applied to only two lots, can withstand challenge when the County Council failed to make a record under 9 Del.C. § 69041 to show that the requirements thereof have been met or to give sufficient reasons to justify the change under the statute.

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