Recent Rhode Island zoning cases Date of decision Court's opinion Summary
City of Providence v. Estate of Tarro 7/2/09 PDF Although historic school was unsafe, mandamus should not have been issued to compel its demolition but to compel building official to exercise his discretion
Cohen v. Duncan 5/21/09 PDF Reversing Superior Court decision that held certain changes to hotel to be illegal alterations to nonconforming use
Karousos v. Pardee 4/23/10 PDF Even if neighbor had no right to appeal zoning certificates, he was immune from liability for abuse of process under anti-SLAPP law because his motivation was not subjectively baseless.
Martel Management Group, LLC v. Town of Richmond 11/9/09 PDF Despite having issued building permit, town was not estopped to enforce amendment barring adult entertainment where developer had not obtained development plan review
Muschiano v. Travers 6/26/09 PDF Applicant who failed to appeal denial of building permit to zoning board was not entitled to mandamus
Parker v. Byrne 6/16/10 PDF Zoning certificate erroneously stating that two lots could not be sold separately, coupled with town solicitor's warning that town could take enforcement action, justified buyers' refusal to purchase property when sellers failed to resolve issue.
Tucker Estates Charlestown, LLC v. Town of Charlestown 2/27/09 PDF Allowing challenge to zoning amendments under Uniform Declaratory Judgments Act years after expiration of right to appeal
Vono v. Lewis, 594 F.Supp.2d 189 (D. R.I. 2009) 1/27/09 PDF Federal case holding Rhode Island law prohibiting off-premise noncommercial signs unconstitu-
tional