Searles v. Darling

Tunnell, J.,

delivering the opinion of the Court:

J. Frank Darling, one of the appellees, proposes to huild an apartment house in Wilmington, and nearby, at 1701 Hancock Street, as an incident to the apartment house enterprise, an eight-story garage. There is no difficulty about the apartment building; this case concerns the garage. The problem arises because the lot where Darling has applied for permission to build his garage is within a district zoned as residential.

Attending first to the sequence of events, the record reveals that after Darling had proposed to construct the apartment house,…