Jack Lingo Asset Management, LLC v. the Board of Adjustment of the City of Rehoboth Beach, Delaware

Summary

The Court reversed the Board of Adjustment's decision denying permission for an unroofed, railed egress walkway because the applicable zoning code did not clearly and unambiguously include the walkway within Gross Floor Area. The Board's interpretation that the walkway railings were exterior walls of a building was strained and did not foreclose a reasonable contrary interpretation. Because zoning ambiguities must be resolved in favor of the property owner, the City should have permitted the proposal.