Legal Opinion
Wawa, Inc. v. New Castle County Board of Adjustment
Superior Court of Delaware
Decided January 10, 2005No. Civil Action 04A-05-005-JOHPublishedCited by 3 opinions
1Opinion of the Court
OPINION
HERLIHY, Judge.
Wawa, Inc., has sought approval from New Castle County to convert its current convenience store at Tybouts Corner to a larger store and one which would also sell gasoline. To accomplish this change, it sought a variance from the New Castle County Board of Adjustment.
The Board denied Wawa’s application. In doing so, it employed the standard pertinent to use variance requests, namely, that the applicant must show “unnecessary hardship.” Wawa’s current store is a proper use for the zone in which it is located and the surface commercial zone would permit such a use. But the…
2Cases cited15 opinions
- Johnson v. Chrysler CorporationSupreme Court of Delaware · 1965
- Olney v. CoochSupreme Court of Delaware · 1981
- Matthew v. SmithSupreme Court of Missouri · 1986
- Floudiotis v. StateSupreme Court of Delaware · 1999
- Baker v. ConnellSupreme Court of Delaware · 1985
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3Cited by3 opinions
- Ballard Wagner v. J & B Contractors, LLCSuperior Court of Delaware · 2021
- Markert, Jr. v. Board of Adjustment of the City of Rehoboth BeachSuperior Court of Delaware · 2022
- Wagner v. J & B Contractors, LLCSupreme Court of Delaware · 2022