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RICHARDSON v. BD. OF ADJUSTMENT OF NCC

550 A.2d 31 (1988)

Cheryl RICHARDSON, Petitioner Below, Appellant, v. BOARD OF ADJUSTMENT OF NEW CASTLE COUNTY, Gary W. Aber, Chairman, Dorthea Kurman, William E. Matthews, William J. McKinley, and George P. Staats, constituting the Board of Adjustment for New Castle County, Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: November 17, 1988.

Attorney(s) appearing for the Case

Francis J. Trzuskowski, of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, for appellant.

Michael Mitchell, New Castle County Law Dept., Wilmington, for appellees.

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

MOORE, Justice.

For the first time, we consider the concept of zoning by acquiescence. Cheryl Richardson, a property owner in the incorporated Village of Ardentown, appeals a ruling of the Superior Court, affirming a decision of the New Castle County Board of Adjustment (the Board) which purports to apply the zoning ordinances of that county to property within Ardentown. While the applicable statute, 9 Del.C. § 2601, provides that "territory lying within...

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