Supreme Court of Delaware
Rehoboth Art League, Inc., Appellant v. Board of Adjustment of the Town of Henlopen Acres, Appellee
March 29, 20102010 Del. LEXIS 140
Summary
The Supreme Court of Delaware affirmed the Superior Court's judgment upholding the Board of Adjustment's denial of the Rehoboth Art League's use and area variances. The court held that RAL waived its due-process challenge to a town commissioner's participation, that the Board members' comments did not establish prejudgment or bias, and that substantial evidence supported the finding that the proposed building would alter the locality's essential character.