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Town of Smithfield
Land Development & Subdivision Regulations
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§ VIII-E

Appeals to Superior Court

Land Development and Subdivision Review Regulations Town of Smithfield, RI

  • b. Notice of the Public Hearing shall be published in a newspaper of general circulation within the Town at least 14 (fourteen) days prior to the date of the Public Hearing. Notices shall be sent by certified mail, return receipt required, to the parties to the appeal and to each owner of property within two hundred (200) feet of the perimeter of the subject parcel. The party who filed the appeal shall bear the cost of advertising and notice.
  • c. At the Hearing, any party may appear in person or may be represented by an agent or attorney.
  • d. The Public Hearing shall be conducted at a meeting called and advertised especially for the purpose of the appeal. The Hearing shall be conducted separately from any Zoning Board of Review meeting, but it may be held the same date and at the same place as a meeting of the Zoning Board of Review. Separate minutes and records of votes as required by the Rhode Island General Laws 45-23- 70(D) shall be maintained by the Board of Appeal.
  • e. The Board shall render a decision on the appeal in the following manner.
    1. The Board shall not substitute its own judgment for that of the Planning Board or Administrative Officer, but shall consider the issue upon the findings and record of the Planning Board or Administrative Officer. The Board shall not reverse a decision of the Planning Board or Administrative Officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
    2. The concurring votes of three (3) of the five (5) members of the Board sitting at the hearing shall be necessary to reverse any decision of the Planning Board or Administrative Officer.
    3. In the instance where the Board overturns a decision of the Planning Board or Administrative Officer, the proposed project application shall be remanded to the Planning Board or Administrative, at the stage of processing from which the appeal was taken, for further proceedings before the Planning Board or Administrative Officer and/or for final disposition, which shall be consistent with the Board's decision.
    4. The Board shall keep complete records of all proceedings including a record of all votes taken. All decisions shall be in writing and shall include reasons for the decision.

ARTICLE E. APPEALS TO SUPERIOR COURT

  1. Appeals of Decisions of the Board of Appeal.
    • a. Aggrieved Parties. An aggrieved party may appeal a decision of the Smithfield Board of Appeal to the Providence County Superior Court by filing a complaint setting forth the reasons of appeal within 20 (twenty) days after the decision ~s been recorded and posted in the Town Clerk's Office. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the Planning Board shall be made parties to the proceedings.
    • b. Filing by Town with Court. Within 30 (thirty) days after being served with a copy of the complaint, the Board of Appeal 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.
    • c. Stays of Proceeding- 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 appropriate orders as it deems necessary for an equitable disposition of the appeal.
    • d. Court Review Process- The Court shall review the appeal pursuant to R.I. General Laws, Section 45-23-71.
  2. Appeals of Enactment or Amendment of Regulations.
    • a. Appeal by Smithfield Residents or Landowners. Any legal resident or landowner of Smithfield or any association of residents or landowners of Smithfield, may appeal an enactment or amendment of these Regulations by the Planning Board by filing a complaint in the Providence County Superior Court within 30 (thirty) days after such enactment or amendment has become effective.
    • b. Content of Complaint. The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with:
      1. Title 45, Chapter 22.2 of the Rhode Island General Laws, known as the "Comprehensive Planning and Land Use Regulation Act";
      2. Title 45, Chapter 24, Section 27 et. seq. of the Rhode Island General Laws, known as the "Zoning Enabling Act of 1991";
      3. The Smithfield Comprehensive Community Plan;
      4. The Smithfield Zoning Ordinance.
    • c. Stays of Enforcement. The appeal shall not stay the enforcement of Regulations, as enacted or amended, but the Court may, in its discretion, grant a stay on appropriate terms, which include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
    • d. Court Review Process. The Court shall review the appeal pursuant to Rhode Island General Laws Section 45-23-72.

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