Tony Ashburn & Son, Inc. v. Kent County Regional Planning Commission

JACOBS, Justice,

for the Majority:

Tony Ashburn & Son, Inc. (“Ashburn”), appeals from a Superior Court judgment affirming a decision of the Kent County Regional Planning Commission (“Commission”) denying Ashburn’s application for subdivision approval. On appeal, Ashburn argues that the Superior Court erroneously upheld the Commission’s decision, which was contrary to law and not based on substantial evidence. Because we conclude that the Commission acted contrary to law and reverse on that ground, we do not reach Ashburn’s alternative claim that the Commission’s decision lacked eviden-tiary…