Legal Opinion

Dewey Beach Enterprises, Inc. v. Board of Adjustment of Dewey Beach

Supreme Court of Delaware

Decided July 30, 2010No. 465, 2009PublishedCited by 34 opinions

1Opinion of the Court

BERGER, Justice:

In this zoning appeal we consider whether a proposed commercial and residential development in Dewey Beach, Delaware, must comply with the lot size requirements applicable to residential buildings. The Zoning Code for the Town of Dewey Beach (Zoning Code) identifies structures of mixed residential and commercial use as a separate category of permitted use in the Resort Business district. Mixed use structures are required to satisfy several provisions relating to proportionate size and parking, but there is no express requirement that they comply with residential lot size…

2Cases cited2 opinions

  1. Oceanport Industries, Inc. v. Wilmington Stevedores, Inc.Supreme Court of Delaware · 1994
  2. Chase Alexa, LLC v. Kent County Levy CourtSupreme Court of Delaware · 2010

3Cited by34 opinions

  1. PHL Variable Insurance v. Price Dawe 2006 Insurance Trust Ex Rel. Christiana Bank & Trust Co.Supreme Court of Delaware · 2011
  2. CML V, LLC v. BaxSupreme Court of Delaware · 2011
  3. Taylor v. Diamond State Port Corp.Supreme Court of Delaware · 2011
  4. Progressive Northern Insurance v. MohrSupreme Court of Delaware · 2012
  5. Flowers, Jr. v. Office of the GovernorSuperior Court of Delaware · 2017

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