- Associated Press - Tuesday, February 19, 2019

DOVER, Del. (AP) - The state Supreme Court has upheld a judge’s ruling that a local government board in southern Delaware erred in granting an exception to zoning laws to allow the establishment of a homeless shelter.

The court on Monday upheld a Superior Court ruling last year that overturned a decision by Sussex County’s Board of Adjustment that had cleared the way for the proposed Immanuel Shelter home in Lewes.

Rejecting arguments from area residents who opposed the project, the local board compared the homeless shelter to a “tourist home,” defined by county code as a dwelling having no more than six rental rooms for guests.

The judge said a homeless shelter does not fit the definition of a tourist home, noting that people staying there would not be paying rent.

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