Bellanca v. County Commissioners of Kent County

ROBERT M. BELL, Judge.

This appeal by August and Elettra Bellanca, appellants, from the judgment of the Circuit Court for Kent County affirming the Board of County Commissioner’s denial of their application for a zoning map amendment presents two questions:

1. The Chesapeake Bay Critical Area Protection program provides for action by both the local jurisdiction and the State Critical Area Commission on all local program amendments. In the event of disagreement between those two bodies, which one enjoys the presumption of correction upon review?

2. Was the decision of the Kent County…