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KOLLOCK v. SUSSEX COUNTY BD. OF ADJUST.

C.A. No. 85A-JA1.

526 A.2d 569 (1987)

Hattie KOLLOCK, Plaintiff, v. SUSSEX COUNTY BOARD OF ADJUSTMENT (comprised of Charles S. Stuchlik, Alvin Adams, James Marine, Margaret Hudson and Ronald McCabe, Defendants.

Superior Court of Delaware, Sussex County.

Decided: February 24, 1987.

Attorney(s) appearing for the Case

J. Robert Hitchens of Moore & Hitchens, Georgetown, for plaintiff.

James A. Fuqua, Jr. of Fuqua & Graves, Georgetown, for defendants.

CHANDLER, Judge.

This case is an appeal from a December 7, 1984 decision of the Sussex County Board of Adjustment ("Board") denying petitioner Hattie Kollock's second application for a special use exception to place a mobile home in a residential area of Sussex County zoned AR-1 (Agricultural-Residential). Because the Board erred as a matter of law in failing to consider the substantiality of change in the proposed use, its...

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