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MITCHELL v. BD. OF ADJUST. OF SUSSEX CTY.

No. 213, 1997.

706 A.2d 1027 (1998)

Eldon L. MITCHELL and Judith N. Mitchell, his wife, Wayne Van Auken and Patricia Van Auken, his wife, Norman Christopherson and Theresa Christopherson, his wife, William M. Headley and Joanne Headley, his wife, and Alvin Kruger and Josephine Kruger, his wife, Petitioners Below, Appellants, v. The BOARD OF ADJUSTMENT OF SUSSEX COUNTY, Ronald McCabe, Dale A. Callaway, L. William Wheatley, Margaret T. Hudson and John M. Mills, constituting the Sussex County Board of Adjustment and in their capacity as Members of the Sussex County Board of Adjustment, and County Seat Materials, L.L.C., a Delaware limited liability company, Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: February 11, 1998.

Rehearing Denied February 27, 1998.

Attorney(s) appearing for the Case

George F. Gardner, III (argued), Parkowski, Noble & Guerke, P.A., Dover, for Petitioners Below, Appellants.

Peter B. Jones, Berl & Jones, P.A., Georgetown, for Respondent Below, Appellee, Sussex County Board of Adjustment.

James A. Fuqua, Jr. (argued), Fuqua & Yori, P.A., Georgetown, for Respondent Below, Appellee, County Seat Materials.

Before HOLLAND, HARTNETT and BERGER, JJ.

HARTNETT, Justice.

Appellants, Eldon E. Mitchell, et al. ("the Mitchells"), appeal the Superior Court's holding that affirmed the decision of the Board of Adjustment of Sussex County granting a special use permit to Appellee, County Seat, L.L.C. The permit would allow the construction and operation of an asphalt mixing plant in an area zoned for light industrial use in Sussex County.

The Mitchells, who are...

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