§ 23-23.5-5. Judgment of court — Costs and damages.
The court, upon the trial of an appeal under § 23-23.5-3, shall give judgment, agreeable to law and in accordance with the fact as found, that the order or decree be affirmed or annulled, or the court may alter or modify the order or decree, or upon a jury trial the jury may alter or modify the order or decree, and upon modification the verdict and judgment shall have the authority and effect of an original order from which no appeal had been taken. If the order or decree is affirmed, altered, or modified, the city or town shall recover its costs against the appellant; if it is annulled, damages by reason of obeying the order or decree of the city or town council may be recovered by the appellant against the city or town, in any court of competent jurisdiction, in a civil action.
History of Section.G.L. 1896, ch. 93, § 5; C.P.A. 1905, § 1230; G.L. 1909, ch. 109, § 5; G.L. 1923, ch. 122, § 5; G.L. 1938, ch. 600, § 5; G.L. 1956, § 23-24-5; P.L. 1979, ch. 39, § 1.
Structure Rhode Island General Laws
Chapter 23-23.5 - Noxious Trades
Section 23-23.5-1. - Prohibition in cities and towns.
Section 23-23.5-2. - Enforcement of order of prohibition.
Section 23-23.5-3. - Appeal from order of prohibition — Jury trial.
Section 23-23.5-4. - Discontinuance of trade pending appeal.
Section 23-23.5-5. - Judgment of court — Costs and damages.
Section 23-23.5-6. - City or town designation of place for slaughterhouse.
Section 23-23.5-7. - Withdrawal by city or town of right to slaughter.
Section 23-23.5-8. - Penalty for continuation of business after notice to cease.
Section 23-23.5-9. - Liability of city or town for suspension or withdrawal of right.
Section 23-23.5-11. - Penalty for carrying on business in place not authorized.