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Supreme Court of Delaware


McLaughlin v. Bd. of Adjustment of New Castle Cty., 15, 2009

In an appeal from a superior court judgment affirming two decisions of a zoning board granting area variances for two property owners, the order is affirmed where 1) the board was not required to make a separate analytic step when considering an -economically motivated- application for an area variance; and 2) the variances remedied difficulties that were not self-created; rather, the owners' difficulties resulted from inherent and pre-existing characteristics of their properties that operated to preclude subdivisions that would otherwise have been permitted.

Appellate Information

  • Decided 12/07/2009
  • Published 12/07/2009

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Court

  • Supreme Court of Delaware

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