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MAYOR AND TOWN COUNCIL v. DIFRANCESCO

No. 360, 2007.

953 A.2d 128 (2007)

MAYOR AND TOWN COUNCIL OF the TOWN OF ELSMERE, Delaware consisting of Richard A. Herold, John Jaremchuk, Patricia L. Frantz, Tom Novak, Charles McKewen, Joanne Personti, and John Pasquale, Respondents Below-Appellants, v. John DiFRANCESCO, Petitioner Below-Appellee.

Supreme Court of Delaware.

Decided: September 21, 2007.

Attorney(s) appearing for the Case

Edward M. McNally, Esquire and Rafael X. Zahralddin-Aravena, Esquire, Morris, James, Hitchens & Williams, LLP, Wilmington, Delaware, for appellants.

Thomas C. Marconi, Esquire, Losco & Marconi, P.A., Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices.

HOLLAND, Justice.

The appellants filed this appeal from a judgment of the Superior Court that granted appellee John DiFrancesco's petition for a writ of certiorari. In granting the writ, the Superior Court held that the Mayor and Town Council's decision to deny DiFrancesco's application to subdivide his single real estate lot into two lots was arbitrary and capricious because DiFrancesco's lot was zoned to permit two residences and his application complied in all...

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