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LEWIS v. NEW CASTLE COUNTY BD. OF ADJ.

601 A.2d 1048 (1989)

Edward F. LEWIS, III, and Janet M. Lewis, his wife, Petitioners, v. NEW CASTLE COUNTY BOARD OF ADJUSTMENT, William J. McKinley, Vice-Chairman, Dorthea L. Kurman, and John R. Cummings, Members of the New Castle County Board of Adjustment, Respondents.

Superior Court of Delaware, New Castle County.

Decided: May 22, 1989.

Attorney(s) appearing for the Case

Walter P. McEvilly, Jr., and Kevin G. Healy; of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for petitioners.

M. Edward Danberg, of the New Castle County Law Dept., Wilmington, for respondents.

OPINION

GEBELEIN, Judge.

Petitioners filed a petition for a writ of certiorari alleging that the New Castle County Board of Adjustment (Board) improperly denied the request by petitioners for a zoning variance on the portion of their property zoned as R-1-C. In addition, petitioners allege that the 1954 zoning ordinance as applied to the subject property, is unconstitutional because it effects a taking without compensation.

On March 17, 1988, evidence...

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