Friends of the H. Fletcher Brown Mansion, a Delaware Unincorporated Association, Kristen F. Diferdinando, Dann J…

Summary

The Supreme Court of Delaware held that Wilmington's Zoning Board of Adjustment was unlawfully constituted because the statute required the City Solicitor and City Engineer themselves to serve, while permitting only the mayor to appoint an authorized agent. Because the improperly constituted Board lacked authority to grant the variances, the court reversed the Superior Court and remanded without reaching the challenges to the variances' consistency with the comprehensive plan or evidentiary support.