Justia Rhode Island Supreme Court Opinion Summaries

Defendants Charles and Nancy Rogers and plaintiff Shelter Harbor Conservation Society owned contiguous lots in the same subdivision. The Society filed a complaint for declaratory judgment and injunctive relief against the Rogerses and town officials after the town zoning official issued zoning certificates designating three of the Rogerses lots for single-family residences, alleging that the certificates were void because they were issued after a merger of the lots. The superior court eventually granted summary judgment to the Rogerses, finding the lots were unmerged pursuant to the merger provision of the zoning ordinance. The Society appealed, contending (1) the evidence contained divergent interpretations of the map depicting the Rogerses' lots, and therefore the trial justice therefore improperly weighed the evidence at the summary-judgment stage and a trial on the merits was necessary to resolve the issue; and (2) the trial justice erred when she stayed the Society's attempts to obtain discovery from the Rogerses. The Supreme Court affirmed, holding (1) as a matter of law, the map was unambiguous; and (2) the trial justice did not abuse her discretion in staying deposition notices that were not intended to obtain information relevant to the issue under consideration. View "The Shelter Harbor Conservation Society, Inc. v. Rogers, et al." on Justia Law

The issue for review by the Supreme Court was whether the Town of North Providence complied with the Rhode Island Zoning Enabling Act of 1991 when it amended the town's zoning ordinance in 1999. The zoning law in question dealt with the notice and hearing requirements for the adoption, repeal, and amendment of zoning ordinances. Plaintiff Generation Realty, LLC and several others owned or were prospective purchasers of land in North Providence. They brought suit against Defendants Kristen Catanzaro and other town officials, alleging that the town did not provide adequate notice of a public hearing on the 1999 amendments. Plaintiffs asserted that lack of such notice rendered the amendments null and void. The court ruled in favor of Plaintiffs. Upon review, the Supreme Court found that the ordinance at issue in this case was a "general amendment" under the Act, and as such, required only a public notice. The Court found that the lower court erred in deciding that the ordinance was specific, and therefore erred in ruling in favor of Plaintiffs. The Court remanded the case for further proceedings.

Petitioner Michael West sought to develop six two-family homes on land in a residential neighborhood. After gaining initial support for his proposal by the local zoning officer, the full zoning commission denied Petitionerâs plan. The Boardâs decision was later affirmed by the Board of Appeals and the Superior Court. Because Petitioner thought he was in compliance with the zoning ordinances, he challenged the Superior Courtâs interpretation of the zoning ordinance to the Supreme Court. Furthermore, Petitioner asked the Court to resolve what he perceived as a conflict between the zoning ordinance and the municipalityâs comprehensive plan. The Supreme Court found no error with the lower courtâs interpretation of the local zoning ordinance, nor did it find a conflict with the local zoning ordinances and the municipalityâs comprehensive plan. The Court affirmed the lower courtâs decision.