City of Wilmington v. Hill

JACKSON, Judge.

The City of Wilmington (“plaintiff’) appeals the trial court’s order and judgment granting the motion to dismiss filed by Broadus E. Hill, III (“defendant”), and declaring unconstitutional the first sentence of Wilmington Land Development Code (“WLDC”), section 18-285(g). For the reasons stated below, we affirm.

On 21 July 2004, defendant applied for a building permit to build a garage apartment on property he owned at 303 McMillan Avenue. He was notified 20 July 2005 that his property was in violation of WLDC section 18. Plaintiff gave defendant until 20 August 2005 to bring…