Supreme Court of Delaware

In a property owner's appeal from the superior court's order affirming the decision of the Town of Henlopen Acres Board of Adjustment denying petitioner a use variance for a proposed replacement building and an area variance for a parking lot, the order is affirmed where: 1) petitioner insufficiently presented to the superior court an argument questioning the Board's objectivity; 2) the Board members' comments in their proper context did not adequately demonstrate a preconceived bias regarding the merits of petitioner's applications such as would deny due process; and 3) there was substantial evidence in the record to support the Board's denial of the variance.

Appellate Information

• Decided 03/30/2010
• Published 03/30/2010

Judges

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

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Michael F. Bonkowski, Cole, Schotz, Meisel, Forman, & Leonard, P.A., Wilmington, Delaware; Vincent G. Robertson, Griffin & Hackett, P.A., Lewes, Delaware for appellant.


• For Appellees:
  
• Collins J. Seitz, Jr., Max B. Walton, and Jeremy D. Anderson, Connolly Bove Lodge & Hutz LLP, Wilmington, Delaware; Richard E. Berl, Jr., Smith O'Donnell Feinberg & Berl LLP, Georgetown, Delaware for appellee.