Mayor and Council of New Castle v. Rollins Outdoor Advertising, Inc.

BROWN, Chancellor.

This is an action brought to enforce a zoning regulation. Defendant has moved to dismiss. The issue presented calls into question the legality of a zoning ordinance which seeks to eliminate certain nonconforming uses through a gradual amortization of the value of the use. The question would appear to be one of first impression in this State.

The zoning ordinance involved was adopted by the plaintiff City of New Castle as a part of a 1968 reenactment of the zoning code of the City. It reads in relevant part as follows:

“6. Gradual Elimination of Certain Uses—

Certain…