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WAWA, INC. v. NEW CASTLE COUNTY BD. OF ADJ.

Civil Action No. 04A-05-005-JOH.

929 A.2d 822 (2005)

WAWA, INC., Appellant v. NEW CASTLE COUNTY BOARD OF ADJUSTMENT, Appellee.

Superior Court of Delaware, New Castle County.

Decided: January 10, 2005.

Attorney(s) appearing for the Case

Richard D. Kirk of The Bayard Firm, of Wilmington, DE, for appellant.

Brian J. Merritt of the New Castle County Law Department, of New Castle, DE, for appellee.

OPINION

HERLIHY, Judge.

Wawa, Inc., has sought approval from New Castle County to convert its current convenience store at Tybouts Corner to a larger store and one which would also sell gasoline. To accomplish this change, it sought a variance from the New Castle County Board of Adjustment.

The Board denied Wawa's application. In doing so, it employed the standard pertinent to use variance requests, namely, that the applicant must show "unnecessary...

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