Legal Opinion

Sullivan v. Marta

Supreme Court of Delaware

Decided July 10, 1969PublishedCited by 2 opinions

1Opinion of the Court

HERRMANN, Justice:

The Superior Court has affirmed the permission granted by the Board of Adjustment to Albert H. Marta to construct a garden-type apartment project in the City of Newark in a Residential “RD” District. Under Section 501(d) of the Newark Zoning Ordinance, multiple dwelling is a permitted use in such District “when authorized by the Board of Adjustment after public hearing.” 1

This is the second appeal in this case. In Marta v. Sullivan, Del.Sup., 248 A.2d 608 (1968), upon appeal by Marta, we held unconstitutional the so-called “50% rule” of Section 501 (d) ; and we reversed the…

2Cases cited4 opinions

  1. Searles v. DarlingSupreme Court of Delaware · 1951
  2. Cooch's Bridge Civic Ass'n v. Pencader Corp.Supreme Court of Delaware · 1969
  3. Marta v. SullivanSupreme Court of Delaware · 1968
  4. Rollins Broadcasting of Delaware, Inc. v. HollingsworthSupreme Court of Delaware · 1968

3Cited by2 opinions

  1. Fisher v. PilcherSuperior Court of Delaware · 1975
  2. Westminster Presbyterian Church v. TurnerSupreme Court of Delaware · 1975

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