Appeals

An appeal from a decision or action of the Town Council or Zoning Board of Review may be taken by an aggrieved party(ies) in accordance with the following provisions:

• A. From the Zoning Board of Review.
  • (1) An aggrieved party may appeal a decision of the Board to the Superior Court for Providence County by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the Town Clerk. The decision shall be posted in a location visible to the public in the Town hall for a period of 20 days following the recording of the decision. The Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the Clerk of the Court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the Board shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the Court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.
  • (2) If, before the date set for hearing in the Superior Court, an application is made to the Court for leave to present additional evidence before the Board and it is shown to the satisfaction of the Court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the Board, the Court may order that the additional evidence be taken before the Board upon conditions determined by the Court. The Board may modify its findings and decision by reason of the additional evidence and shall file that evidence and any new findings or decisions with the Superior Court.
  • (3) The review shall be conducted by the Superior Court without a jury. The Court shall consider the record of the hearing before the Board and, if it shall appear to the Court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present the evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the Court shall be made.
  • (4) The Court shall not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. The Court may affirm the decision of the Board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:
    • (a) In violation of constitutional, statutory, or ordinance provisions;
    • (b) In excess of the authority granted to the Board by statute or ordinance;
    • (c) Made upon unlawful procedure;
    • (d) Affected by other error of law;
    • (e) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    • (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  • (5) Upon the entry of any case or proceeding brought under the provisions of this chapter or in accordance with Title 45, Chapter 24 of the Rhode Island General Laws, including pending appeals and appeals hereinafter taken to the Court, the Court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.
• B. From an act to adopt, amend, revise or repeal this chapter.
  • (1) An appeal of an enactment of or an amendment to this chapter may be taken to the Superior Court for Providence County by filing a complaint, as set forth herein, within 30 days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town or by any association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, as enacted or amended, but the Court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
  • (2) The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the Comprehensive Plan and/or the manner in which it constitutes a taking of private property without just compensation.
  • (3) The review shall be conducted by the Court without a jury. The Court shall first consider whether the enactment or amendment of the chapter is in conformance with the Comprehensive Plan. If the enactment or amendment is not in conformance with the Comprehensive Plan, then the Court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the Comprehensive Plan. The Court shall not revise the ordinance to conform with the Comprehensive Plan, but may suggest appropriate language as part of the Court decision.
  • (4) In the case of an aggrieved party, where the Court has found that the enactment or amendment of the chapter is in conformance with the Comprehensive Plan, then the Court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the Court determines that there has been a taking, the Court shall remand the case to the Town Council, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within 30 days.
  • (5) The Superior Court shall retain jurisdiction, in the event that the aggrieved party and the Town do not agree on the amount of compensation, in which case the Superior Court shall hold further hearings to determine and to award compensation. Furthermore, the Superior Court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.
  • (6) The Court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including the Town.
  • (7) In case there is filed in the office of the Town Clerk on or before the day of a public hearing held by the Town Council regarding adoption, amendment, revision or repeal of any section or sections of this chapter or within three days thereafter, a written protest against the petition request pending or voted on by the Town Council, signed by the owners of 20% or more of the street frontage directly opposite the property proposed to be affected or by the owners of property abutting on 20% or more at the boundary line between the property proposed to be affected and the property immediately in the rear thereof when there is no street between said properties, no change shall be passed, except by three-fifths vote of the Town Council.