In Re the Application of Emmett S. Hickman Co.

Southerland, C. J.:

The Diamond State Telephone Company is a public utility corporation of this State. It wishes to expand its facilities by the erection of an office building and a telephone exchange upon a block of land in Wilmington bounded by Thirty-ninth, Fortieth, West and Washington Streets. It does not own this land outright, but has contracted to buy it.

It applied to the Building Inspector for a permit. He refused it because the proposed construction conflicted with provisions of the Wilmington Zoning Ordinance. The Company appealed to the Board of Adjustment. A hearing was held,…