Supreme Court of Delaware

In an appeal arising out of two decisions by a city's Board of Adjustment involving the eviction of a fraternity from its off-campus fraternity house, as well as the preclusion of the use of the premises as a fraternity, denial of property owners' petitions for review of the decisions is affirmed over meritless claims that: 1) Section 32-51(b) of the Newark Zoning Code constitutes an unlawful delegation of legislative authority by the city to the University of Delaware; 2) as a result of the unlawful delegation, owners were denied substantive and procedural due process; 3) Section 32-51(b) requires that a university fraternity be suspended by both the university and its national organization in order for the non-conforming use to be terminated; and 4) owners' lease of the property to a new fraternity within one year preserved their non-conforming use.

Appellate Information

• Decided 08/19/2009
• Published 08/19/2009

Judges

• RIDGELY, Justice., Before STEELE, Chief Justice, BERGER, and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Mark D. Sisk, Esquire, of Conaty, Curran & Sisk, Newark, Delaware, for appellants.


• For Appellees:
  
• Roger A. Akin, Esquire, City Solicitor, City of Newark, Delaware, for appellee.