DEWEY BEACH ENTERPRISES v. BD. OF ADJUST.

No. 465, 2009.

1 A.3d 305 (2010)

DEWEY BEACH ENTERPRISES, INC., Petitioner Below, Appellant, v. BOARD OF ADJUSTMENT OF the TOWN OF DEWEY BEACH, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: July 30, 2010.


Attorney(s) appearing for the Case

William T. Quillen, Esquire, Kathleen M. Jennings, Esquire (argued), Shawn P. Tucker, Esquire (argued), and Karen V. Sullivan, Esquire, Drinker Biddle & Reath LLP, Wilmington, Delaware; Timothy G. Willard, Esquire, Fugua & Yori, P.A., Georgetown, Delaware, for Appellant.

Max B. Walton, Esquire (argued), Jeremy D. Anderson, Esquire, and Josiah R. Wolcott, Esquire, Connolly Bove Lodge & Hutz LLP, Wilmington, Delaware; Glenn Mandalas, Esquire, Baird Mandalas, LLC, Dover, Delaware, for Appellee.

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


BERGER, Justice:

In this zoning appeal we consider whether a proposed commercial and residential development in Dewey Beach, Delaware, must comply with the lot size requirements applicable to residential buildings. The Zoning Code for the Town of Dewey Beach (Zoning Code) identifies structures of mixed residential and commercial use as a separate category of permitted use in the Resort Business district. Mixed use structures are required to satisfy several provisions...

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