Supreme Court of Delaware
The City of Lewes and the Board of Adjustment of the City of Lewes, Appellees Below, Appellants v. Ernest M. Nepa…
June 10, 2019212 A.3d 270
Summary
The court reversed the Superior Court and reinstated the Lewes Board of Adjustment’s denial of the Nepas’ variance applications. It held that the state variance statute establishes minimum requirements and does not prevent municipalities from adopting stricter standards for granting variances. The court also held that Lewes had authority to enact its variance standards and that the stricter standards did not conflict with state law.