Frankel v. City of Wilmington

This is an appeal from the Superior Court which entered a declaratory judgment against the appellants who own and operate an apartment building in which they rent office space, requiring them to pay, under § 35-37 of the City of Wilmington’s Code, a license fee for the rental of office space.

Wilmington City Code requires separate license fees for the leasing of three or more dwelling units in a building, and for the leasing of more than 2500 square feet of office space. The building owned by the appellants is leased primarily for dwelling units. They pay the required license fee for leasing…