The Board of Adjustment of Sussex County v. Verleysen & KotowskiAnnotate this Case
The Board appealed from a Superior Court decision reversing the Board's denial of the area variance application of appellants. Appellants had purchased the property at issue, made renovations and improvements on the property, including adding a barbecue area and building a shed in the setback area. The Board denied the application on grounds that appellants did not satisfy the statutory requirements of title 9, section 6917 of the Delaware Code. The court held that the plain language of title 9, section 6917 precluded the Board from granting a variance where, as here, appellants created the exceptional practical difficulty. The court also held that the decision of the Board that the property was being reasonably utilized without the non-conforming structures was supported by substantial evidence and was free from legal error. Accordingly, the court reversed the decision of the Superior Court.