John A. Nichols, Below v. State Coastal Zone Industrial Control Board, Delaware Department of Natural Resources And…

Summary

The court affirmed dismissal of Nichols’s appeal from a coastal-zone permit because the Board properly recorded five votes denying him standing and Nichols failed to show an injury to a legally protected interest. The court held that a person is “aggrieved” under the Coastal Zone Act only upon satisfying the injury-in-fact and statutory-zone-of-interests requirements. Although the voting objection was not preserved, the court exercised its discretion to address the merits.