Friends of the H. Fletcher Brown Mansion v. City of Wilmington
2011 Del. LEXIS 653
| Del. | 2011Background
- Brown Mansion in Wilmington, owned by Ingleside Homes, sits in an R-1 zone where apartments are not allowed.
- Ingleside sought three use variances to demolish part of the mansion and add a four-story addition for 35 senior housing units.
- ZBA, composed of City employees, granted the three variances after a hearing in Oct 2009.
- Appellants challenged the ZBA, focusing on (i) improper ZBA composition, (ii) conflict with the City Comprehensive Plan, and (iii) lack of substantial evidence of hardship.
- Superior Court upheld the variance and composition; on appeal the court of last resort reversed, concluding ZBA was not properly constituted and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ZBA was properly constituted | Friends argued 322(a) requires City Solicitor and City Engineer on ZBA. | City argued delegation via charter allows substitutions; 322(a) permits an authorized agent for the mayor but not for others. | ZBA improperly constituted; include agents, not required officers, invalidates decision. |
Key Cases Cited
- Carl M. Freeman Assocs., Inc. v. Green, 447 A.2d 1179 (Del. 1982) (strict compliance with zoning procedures due to deprivation of property rights)
- Leatherbury v. Greenspun, 939 A.2d 1284 (Del. 2007) (statutory construction principles and public policy considerations in land use)
- State Farm Mut. Auto. Ins. Co. v. Hallowell, 426 A.2d 822 (Del. 1981) (interpretation limits; cannot amend plain statutory language)
- W. Va. Univ. Hosp. v. Casey, 499 U.S. 83 (1991) (supreme court guidance on statutory interpretation and delegation)