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JACK LINGO ASSET v. BOARD OF ADJUSTMENT

No. 292, 2021.

282 A.3d 29 (2022)

JACK LINGO ASSET MANAGEMENT, LLC, and Sussex Exchange Properties, LLC, FBO Lingo Brothers, LLC, Petitioners Below, Appellants, v. The BOARD OF ADJUSTMENT OF the CITY OF REHOBOTH BEACH, Delaware, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: July 19, 2022.

Attorney(s) appearing for the Case

David C. Hutt, Esquire , R. Eric Hacker, Esquire (argued), Michelle G. Bounds, Esquire , MORRIS JAMES LLP, Georgetown, Delaware, for Petitioners Below/Appellants Jack Lingo Asset Management and Sussex Exchange Properties.

Frederick A. Townsend, III, Esquire (argued), D. Barrett Edwards, IV, Esquire , HUDSON, JONES, JAYWORK & FISHER LLC, for Respondent Below/Appellee Board of Adjustment of the City of Rehoboth Beach, Delaware.

Before VALIHURA, TRAYNOR, and MONTGOMERY-REEVES, Justices.

Jack Lingo Asset Management ("Lingo") owns and occupies the property at 240 Rehoboth Avenue in Rehoboth Beach, Delaware. The second story only covers a portion of the first, leaving a flat roof over the rest of the ground floor. In 2018, Lingo wanted to convert the second floor from residential to office space. As part of this...

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