|
2011 Rhode Island zoning cases |
Date of decision
| Court's opinion
| Summary
|
|---|
|
Campbell v. Tiverton Yacht Club |
3/25/11 |
PDF |
(1) Zoning amendment changing yacht club's nonconforming use into permitted use rendered its appeal from decision prohibiting expansion of nonconforming use moot; (2) order prohibiting yacht club from operating marina on separate lot zoned to permit marina use was erroneous; (3) denial of attorney's fees under Equal Access to Justice Act affirmed. |
|
Generation Realty, LLC v. Catanzaro |
5/27/11 |
PDF |
Ordinance comprehensively overhauling town's zoning framework was general, not specific, amendment of zoning ordinance under R.I.G.L. ยง 45-24-53, requiring only public notice. |
|
North End Realty, LLC v. Mattos |
7/8/11 |
PDF |
East Greenwich could not legally impose fee-in-lieu of developing affordable housing in absence of enabling authority from General Assembly |
|
Shelter Harbor Conservation Society v. Rogers |
6/17/11 |
PDF |
Finding, as matter of law, that zoning map unambiguously depicted subject property as three lots, not twelve, and were exempt from merger under Westerly Zoning Ordinance because they exceeded area requirement of least restrictive zoning district. |
|
Town of Coventry v. Baird Properties, LLC |
2/2/11 |
PDF |
Allowing abutters to intervene under Superior Court Rule 24A in zoning enforcement action initiated by town. |
|
West v. McDonald |
5/6/11 |
PDF |
Where there is a conflict between a municipality's comprehensive plan and its zoning ordinance, the comprehensive plan controls and must be followed. |
|
2010 Rhode Island zoning cases |
Date of decision
| Court's opinion
| Summary
|
|---|
|
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. |
|
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. |
|
2009 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 |
|
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 |
|
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 unconstitutional |