BD. OF ADJUSTMENT OF SUSSEX v. VERLEYSEN

No. 258, 2011.

36 A.3d 326 (2012)

The BOARD OF ADJUSTMENT OF SUSSEX COUNTY, Appellee Below-Appellant, v. Francois VERLEYSEN and Walter Kotowski, Appellants Below-Appellees.

Supreme Court of Delaware.

Decided: February 8, 2012.


Attorney(s) appearing for the Case

Richard E. Berl, Jr., Esquire , (argued) of Smith Feinberg McCartney & Berl, LLP of Georgetown, Delaware for Appellant.

Timothy G. Willard, Esquire , (argued) of Fuqua, Yori and Willard, P.A., of Georgetown, Delaware for Appellees.

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


RIDGELY, Justice:

Appellee-Below/Appellant, the Board of Adjustment of Sussex County (the "Board") appeals from a Superior Court decision reversing the Board's denial of the area variance application of Appellants-Below/Appellees, Francois Verleysen and Walter Kotowski (the "Applicants"). The Board denied the application on grounds that the Applicants did not satisfy the statutory requirements of title 9, section 6917 of the Delaware Code. In particular, the Board...

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