In Re Appeal of Lashins

Edward Lashins appeals the environmental court order authorizing Timothy Gore to reopen a children’s summer camp as a pre-existing and conditional use under the Town of Wilmington’s zoning ordinance. Appellant maintains that Gore’s proposed summer camp is actually a nonconforming use subject to a discontinuance provision included in the ordinance that prohibits resurrecting nonconforming uses once those uses have changed to permitted uses. We agree with appellant and, therefore, reverse the environmental court order and remand the matter to the Wilmington Zoning Board of Adjustment (ZBA) for…