Board of Adjusters v. Stingray Rock

CONCLUDED

Oral Argument
10/09/13 – 10/09/13

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Summary

In this oral argument before the Delaware Supreme Court, the City of Rehoboth Beach of Board of Adjustment contended that the lower court improperly construed the Rehoboth Beach Municipal Code. The Board denied an appeal filed by Stingray Rock, LLC from an October 12, 2010 administrative determination of the City Manager, and denied Stingray's alternative prayer for relief in the form of an application for an area variance. The lower court reversed the decision of the board. It held that Stingray is not required to obtain a "certificate of compliance" in order to operate an outdoor dining patio, because the addition of an outdoor dining patio does not constitute an "extension of the premises of the restaurant" within the meaning of Section 215-7(B) of the City Code.

Outcome

The judgment of the Superior Court was affirmed.

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