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MELLOW v. BOARD OF ADJUSTMENT

565 A.2d 947 (1988)

Emil MELLOW, Jeffrey Lott and James Taylor, Appellants, v. BOARD OF ADJUSTMENT OF NEW CASTLE COUNTY, Edward M. Rush, William E. Matthews, Sharon Rolle, William McKinley, George Staats, and John D. Lake, Appellees.

Superior Court of Delaware, New Castle County.

Decided: August 8, 1988.

Attorney(s) appearing for the Case

Perry F. Goldlust, of Greenville, for appellee John D. Lake.

Jeoffrey L. Burtch, of Cooch and Taylor, and Olha N.M. Rybakoff, of Connolly, Bove, Lodge & Hutz, Wilmington, for appellants.

Richard A. Hauge, of New Castle County Law Dept., Wilmington, for Appellate Bd. of Adjustment, et al.

OPINION

GEBELEIN, Judge.

This case basically involves a dispute over whether the New Castle County Board of Adjustment properly held that an automobile repair and restoration business at 15 Lower Snuff Mill Road in Yorklyn was and is a legal nonconforming use in continuous existence since 1954. The property was zoned as R-4, residential, when the County adopted the comprehensive zoning code in 1954.

The...

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