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FRIENDS OF H. FLETCHER BROWN v. WILMINGTON

No. 753, 2010.

34 A.3d 1055 (2011)

FRIENDS OF the H. FLETCHER BROWN MANSION, a Delaware unincorporated association, Kristen F. Diferdinando, Dann J. Gladnick, Mitchell Glass, Michael Gunselman, Jeffrey T. Kusumi and Constance M. Smith, Petitioners Below, Appellants, v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware, City of Wilmington Zoning Board of Adjustment, and Ingleside Homes, Inc., a Delaware non-profit corporation, Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: December 12, 2011.

Attorney(s) appearing for the Case

Richard L. Abbott, Esquire , Abbott Law Firm, Hockessin, Delaware, for appellants.

Martin C. Meltzer, Esquire , Assistant City Solicitor, Wilmington, Delaware, for City of Wilmington's Zoning Board of Adjustment.

John E. Tracey, Esquire , Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware, for Ingleside Homes, Inc.

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

HOLLAND, Justice:

The petitioners-appellants, Friends of the H. Fletcher Brown Mansion (the "Appellants"), appeal from a Superior Court decision in favor of the respondents-appellees, City of Wilmington (the "City"), City of Wilmington Zoning Board of Adjustment (the "ZBA"), and Ingleside Homes, Inc. ("Ingleside") (collectively, the "Appellees"). The ZBA had granted three use variances (collectively, the "Use Variance") to Ingleside to allow partial demolition and...

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