Dewey Beach Enterprises, Inc. v. Board of Adjustment of the Town of Dewey Beach

Summary

The Delaware Supreme Court considered whether a proposed mixed commercial and residential development in Dewey Beach was subject to residential minimum lot-area requirements under the town’s zoning code. The court held that the code’s requirements for multifamily dwellings and residential multiunit structures did not apply to mixed-use structures absent an express restriction. The court reversed the Superior Court’s judgment and remanded the matter.

Holdings

1. A mixed commercial and residential structure is not a "multi-family dwelling" subject to the Zoning Code's minimum lot-area requirement because the Code defines a multifamily dwelling as a building used exclusively by two or more families, and the structure is not entirely residential.
2. The term "residential multiunit structure" refers to a structure that is entirely residential and does not include a mixed commercial and residential structure.
3. The appellant's arguments concerning the building inspector's authority and the Board's refusal to allow questioning of the Town Solicitor lacked merit and were moot; the Board's jurisdictional argument based on failure to join the Town of Dewey Beach also lacked merit because the Town's interests were aligned with the Board.

Questions Presented

1. Whether a proposed mixed commercial and residential structure in the Resort Business district is subject to the Zoning Code's minimum lot-area requirements for multifamily dwellings or residential multiunit structures.
2. Whether the Board of Adjustment's decision should be reversed because the building inspector allegedly had exclusive authority over the building permit or because the Board did not permit examination of the Town Solicitor.

Disposition

reversed_and_remanded