SCHWEIZER v. BOARD OF ADJUSTMENT OF NEWARK

No. 165, 2009.

980 A.2d 379 (2009)

Al SCHWEIZER and, Sal Sedita, Petitioners Below-Appellants, v. BOARD OF ADJUSTMENT OF the CITY OF NEWARK, Delaware, Respondent Below-Appellee.

Supreme Court of Delaware.

Decided: August 21, 2009.


Attorney(s) appearing for the Case

Mark D. Sisk, Esquire, of Conaty, Curran & Sisk, Newark, DE, for appellants.

Roger A. Akin, Esquire, City Solicitor, City of Newark, DE, for appellee.

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


RIDGELY, Justice:

This appeal arises out of two decisions by the Board of Adjustment of the City of Newark (the "Board"). The first decision upheld the City of Newark Building Department's eviction of the Pi Kappa Alpha fraternity ("PiKA") from its off-campus fraternity house after the University of Delaware suspended the fraternity. The second decision upheld the termination of the grandfathered, nonconforming, pre-existing fraternity use of the property, so as to...

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