Mayor of Elsmere v. DiFrancesco

HOLLAND, Justice.

The appellants filed this appeal from a judgment of the Superior Court that granted appellee John DiFrancesco’s petition for a writ of certiorari. In granting the writ, the Superior Court held that the Mayor and Town Council’s decision to deny DiFrancesco’s application to subdivide his single real estate lot into two lots was arbitrary and capricious because DiFrancesco’s lot was zoned to permit two residences and his application complied in all other respects with the applicable zoning requirements. The Superior Court, therefore, remanded the matter to the Town Council “for…