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INDUS. RENTALS v. NEW CASTLE COUNTY BD.

No. 233, 2000.

776 A.2d 528 (2001)

INDUSTRIAL RENTALS, INC., Isaac Budovitch and Florence Budovitch, Appellants Below, Appellants, v. NEW CASTLE COUNTY BOARD OF ADJUSTMENT and New Castle County Department of Land Use, Appellees Below, Appellees.

Supreme Court of Delaware.

Decided: July 17, 2001.

Revised: July 25, 2001.

Attorney(s) appearing for the Case

William E. Manning, Esquire and Richard A. Forsten, Esquire, of Klett Rooney Lieber & Schorling, Wilmington, Delaware, Attorneys for Appellants.

Wendy R. Danner, Esquire, New Castle County Law Department, Wilmington, Delaware, Attorney for Appellees.

Before HOLLAND, BERGER and STEELE, Justices.

BERGER, Justice.

This is a developer's appeal from a decision of the New Castle County Board of Adjustment requiring that certain neighboring property be included in a Traffic Impact Study. The Board ruled that the neighboring property had to be included because it contained deed restrictions requiring development to coincide with road improvements. The Superior Court affirmed. We hold that the relevant statute does not apply to a property containing deed restrictions...

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