Gilfillan's Permit

Opinion by

Mr. Justice Frazer,

Appellee is engaged in conducting a retail lumber business at the corner of Wilmington and Moody Avenues, in the City of New Castle. The land on ivhich his business is conducted is part of a larger tract purchased in 1920 and laid out in building lots, of which he reserved a number of lots fronting on Wilmington and Moody Avenues for use in connection with his business. On several of these lots he erected buildings, the remainder being used by him for storing building materials. In 1926, appellee applied to the proper city official for a permit to erect a cement…