Legal Opinion

Mergenthaler v. State

Supreme Court of Delaware

Decided May 10, 1972PublishedCited by 7 opinions

1Opinion of the Court

CAREY, Justice.

The appellant, Lawrence Mergenthaler, was found guilty in a non-jury trial in Superior Court, 281 A.2d 507, of violating the zoning code of New Castle County. He has appealed.

The appellant operates a number of school buses serving a school in New Castle County. When the buses are not in operation, they are kept on a lot located at the intersection of the Kirkwood Highway and Evelyn Drive, apparently not far from the school. The lot is zoned C-2; it was formerly used for a gasoline station. The appellant contends that his use of the lot is permissible in a C-2 zone. The State…

2Cases cited4 opinions

  1. Service Realty Corporation v. Planning & Zoning Board of AppealsSupreme Court of Connecticut · 1954
  2. Incorporated Village of Great Neck v. GreenNew York Supreme Court · 1957
  3. State v. BreidenbachOhio Court of Appeals · 1964
  4. State v. MergenthalerSuperior Court of Delaware · 1971

3Cited by7 opinions

  1. Chase Alexa, LLC v. Kent County Levy CourtSupreme Court of Delaware · 2010
  2. State v. Larson Transfer & Storage, Inc.Supreme Court of Minnesota · 1976
  3. St. Louis County v. PfitznerMissouri Court of Appeals · 1983
  4. Jack Lingo Asset Management, LLC v. The Board of Adjustment of the City of Rehoboth Beach, DelawareSupreme Court of Delaware · 2022
  5. Kirby v. Kent County Board of AdjustmentSuperior Court of Delaware · 2022

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