Auditorium, Inc. v. Board of Adjustment of Mayor & Council of Wilmington

Wolcott, J.:

This appeal seeks review of the application of the Building Zone Ordinance of Wilmington by the municipal authorities to the appellant’s property. Two basic questions are raised, viz., first, is the appellant’s property located within a Business “B” Zoning District of Wilmington, and, second, in the event the first question is answered in the negative, may the appellant’s building be used for the showing of athletic exhibitions ?

The appellant is the owner of the premises known as the Auditorium, located at 704 West 11th Street in Wilmington. The Auditorium is a large one-story…