Tate v. Miles

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that there is a presumption of validity when a municipality enacts a zoning provision
• observing that “if the General Assembly were to enact a statute inconsistent with [Title 9] the later statute would supersede the earlier statute, and there would be an implied repealer”
• granting plaintiffs summary judgment where plaintiff. sought injunctive and declaratory relief after being denied a conditional use permit
• owners of property 1500 feet from the rezoned land have standing where they claim that the rezoning will increase traffic and adversely affect natural resources
• failure of county government to provide a record from which a reviewing court could determine if there was any basis whatsoever for council’s determination fatally flawed the zoning ordinance there in issue
• “[T]he [Sussex County] Council’s rezoning function is legislative . . . .”

Source: CourtListener parenthetical corpus (CC0).