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PETITION OF FRANKLIN BUILDERS, INC.

207 A.2d 12 (1964)

Petition of FRANKLIN BUILDERS, INC., a Delaware Corporation. ALAN CONSTRUCTION COMPANY, a corporation of the State of Delaware, Petitioner, v. Tyson F. SARTIN, B. Frank Collins and Gene Derrickson, constituting the Zoning Board of Adjustment, New Castle County, William Matthews, the Sign Inspector of New Castle County, and Charles A. Weatherby, the Building Inspector of New Castle County, Respondents.

Superior Court of Delaware, New Castle.

October 8, 1964.

Attorney(s) appearing for the Case

Daniel L. Herrmann and William D. Bailey, Jr., of Herrmann, Bayard, Brill & Russell, Wilmington, for petitioner, Franklin Builders, Inc. (hereinafter referred to as Franklin).

William F. Lynch, II, of Morris, James, Hitchens & Williams, Wilmington, for petitioner, Alan Const. Co. (hereinafter referred to as Alan).

Clarence W. Taylor, Chief Atty. for Levy Court of New Castle County and Norman N. Aerenson, Wilmington, an attorney for Levy Court of New Castle County, for New Castle County Board of Adjustment (hereinafter referred to as Board).

William Prickett, Jr., Wilmington, filed a brief for and argued case on behalf of North Millcreek Ass'n in opposition to application of Alan Const. Co.

LYNCH, Judge.

The questions raised in these two cases are substantially the same — hence the Court proposes to dispose of the two cases in one opinion, after first separately stating the pertinent facts of each case. Because of the background of the cases the facts will be stated rather fully, primarily to show the questions raised are not really as substantial as argued.

The Facts in No. 3057 Civil Action...

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