JENNEY v. DURHAM

C.A. No. 96A-08-004-NAB.

707 A.2d 752 (1997)

John L.K. JENNEY, Jr., Petitioner, v. Davis G. DURHAM, and Board of Adjustment of New Castle County, Robert McWilliams, Acting Chairperson, Clydia Issacs, Claudia Jester, Kay Lord, in their capacity as members of the Board of Adjustment of New Castle County, Respondents.

Superior Court of Delaware, New Castle County.

Decided: January 17, 1997.


Attorney(s) appearing for the Case

Thomas C. Marconi, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Petitioner Jenney.

Andrew P. Taylor, and R. Karl Hill, of Cooch & Taylor, Wilmington, for Respondent Davis Durham.

Michael T. Mitchell, of the New Castle County Law Department for Respondent New Castle County Board of Adjustment.


OPINION

BARRON, Judge.

INTRODUCTION

In April 1996, Davis G. Durham ("Durham" or "Respondent") filed an application with the Board of Adjustment for New Castle County ("Board") for a variance from the New Castle County Steep Slope Ordinance ("the Steep Slope Ordinance" or "the Ordinance").1 After a public hearing, the Board granted the variance, over the objections of...

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