CCS INVESTORS, LLC v. BROWN

No. 410, 2008.

977 A.2d 301 (2009)

CCS INVESTORS, LLC, and Preservation Delaware, Inc., Respondents Below, Appellants, v. David H. BROWN, P. James Hahn, Kathryn A. Pincus, and Susan W. Soltys, Petitioners Below, Appellees.

Supreme Court of Delaware.

Decided: July 16, 2009.

Corrected: August 10, 2009.


Attorney(s) appearing for the Case

Wendie C. Stabler, Esquire, and Michael A. DeNote, Esquire, Saul Ewing, LLP, Wilmington, Delaware, and Michael F. Bonkowski, Esquire (argued), Cole, Schotz, Meisel, Forman & Leonard, P.A., Wilmington, Delaware, for appellant, CCS Investors, LLC.

Douglas M. Hershman, Esquire, and Scott G. Wilcox, Esquire (argued), Bayard, P.A., Wilmington, Delaware, for appellant, Preservation Delaware, Inc.

Jeffrey S. Goddess, Esquire (argued), Rosenthal, Monhait & Goddess, P.A., Wilmington, Delaware, for appellees.

William E. Manning, Esquire, and Richard A. Forsten, Esquire, Buchanan, Ingersoll & Rooney, P.C., Wilmington, Delaware, amicus curiae for National Trust for Historic Preservation.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.


HOLLAND, Justice.

This is an appeal from the Superior Court's final judgments denying a motion to dismiss and reversing a decision of the City of Wilmington Zoning Board of Adjustment ("ZBA"). In August 2006, the ZBA granted a use variance to CCS Investors, LLC ("CCS"), permitting CCS to develop the Gibraltar Estate into commercial office space. The Gibraltar Estate is a historic mansion and gardens at 1301 Greenhill Avenue in Wilmington. It is the former home of...

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