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CITY OF LEWES v. NEPA

Nos. 348, 2018 & 349, 2018.

212 A.3d 270 (2019)

The CITY OF LEWES and the Board of Adjustment of the City of Lewes, Appellees Below, Appellants, v. Ernest M. NEPA and Deborah A. Nepa, Appellants Below, Appellees.

Supreme Court of Delaware.

Decided: June 10, 2019.

Attorney(s) appearing for the Case

Glenn C. Mandalas, Esquire , and Daniel F. McAllister, Esquire (argued), Baird Mandalas Brockstedt, LLC, Dover, Delaware, for Appellee Below, Appellant The City of Lewes.

Michael J. Hoffman, Esquire (argued), Tarabicos Grosso, LLP, New Castle, Delaware, for Appellee Below, Appellant Board of Adjustment of The City of Lewes.

Kyle F. Dunkle, Esquire (argued), and Mark. F. Dunkle, Esquire , Parkowski, Guerke & Swayze, P.A., Dover, Delaware, for Appellants Below, Appellees Ernest M. Nepa and Deborah A. Nepa.

Before STRINE, Chief Justice; VAUGHN, SEITZ, and TRAYNOR, Justices; GLASSCOCK, Vice Chancellor, constituting the Court en Banc.

The City of Lewes and its Historic Preservation Commission approved Ernest and Deborah Nepa's plans to renovate a house in the historic district. The Nepas violated the conditions of the approvals by building a two story addition on the back of the house and increasing its already nonconforming setbacks from neighboring...

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