Shevock v. Orchard Homeowners Ass'n, Inc.

MOORE, Justice.

David M. Shevock appeals a decision of the Court of Chancery invalidating a zoning ordinance that changed the classification of his property from residential to commercial. In support of his zoning application, appellant offered evidence of his proposed use of the land that was inconsistent with the uses permitted in a commercial zone. The Planning Commission and Sussex County Council approved his request on the basis of the impermissible use. Appellee, The Orchard Homeowners Association (“Homeowners”), sought an injunction from the Court of Chancery to prohibit implementation…