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NICHOLS v. STATE COASTAL ZONE INDUS.

No. 190, 2013.

74 A.3d 636 (2013)

John A. NICHOLS, Appellant Below, Appellant, v. STATE COASTAL ZONE INDUSTRIAL CONTROL BOARD, Delaware Department of Natural Resources and Environmental Control, and Diamond State Generation Partners, LLC, Appellees-Below, Appellees.

Supreme Court of Delaware.

Decided: August 16, 2013.

Attorney(s) appearing for the Case

Richard L. Abbott, Esquire , Abbott Law Firm, Hockessin, Delaware, for appellant.

Robert F. Phillips, Esquire , Department of Justice, Wilmington, Delaware, for appellee, Delaware Department of Natural Resources and Environmental Control.

Joseph C. Schoell, Esquire and Shawn P. Tucker, Esquire , Drinker, Biddle & Reath, LLP, Wilmington, Delaware, for appellee, Diamond State Generation Partners, LLC.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

HOLLAND, Justice:

The appellant, John Nichols ("Nichols"), appeals from a final judgment of the Superior Court affirming the order of the State Coastal Zone Industrial Board (the "Board"), granting motions to dismiss filed by appellees, Diamond State Generation Partners LLC ("DSGP") and the Delaware Department of Natural Resources and Environmental Control ("DNREC" and with DSGP, "appellees"), in response to Nichols' appeal of the grant of a Coastal Zone industrial...

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