§ 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.
(a) Any appeal of an enactment of or an amendment of local regulations may be taken to the superior court for the county in which the municipality is situated by filing a complaint, as stated in this section, within thirty (30) days after the enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal does not stay the enforcement of the local regulations, 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 any other orders that it deems necessary for an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality’s comprehensive plan; or the municipality’s zoning ordinance.
(c) The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality’s comprehensive plan; or the municipality’s zoning ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.
(d) 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 stated herein, including a municipality.
History of Section.P.L. 1992, ch. 385, § 1.
Structure Rhode Island General Laws
Chapter 45-23 - Subdivision of Land
Section 45-23-1 - — 45-23-24. Repealed.
Section 45-23-26. - Requirement in all municipalities.
Section 45-23-27. - Applicability.
Section 45-23-28. - Continuation of ordinances — Supersession — Relation to other statutes.
Section 45-23-29. - Legislative findings and intent.
Section 45-23-32. - Definitions.
Section 45-23-33. - General provisions — Required contents of local regulations.
Section 45-23-34. - General provisions — Definitions.
Section 45-23-35. - General provisions — Pre-application meetings and concept review.
Section 45-23-37. - General provisions — Administrative subdivision.
Section 45-23-38. - General provisions — Minor land development and minor subdivision review.
Section 45-23-39. - General provisions — Major land development and major subdivision review stages.
Section 45-23-40. - General provisions — Major land development and major subdivision — Master plan.
Section 45-23-43. - General provisions — Major land development and major subdivision — Final plan.
Section 45-23-44. - General provisions — Physical design requirements.
Section 45-23-45. - General provisions — Public design and improvement standards.
Section 45-23-46. - General provisions — Construction and/or improvement guarantees.
Section 45-23-48. - Special provisions — Phasing of projects.
Section 45-23-49. - Special provisions — Land development projects.
Section 45-23-49.1. - Farmland residential compounds.
Section 45-23-50. - Special provisions — Development plan review.
Section 45-23-50.1. - Special provisions — Unified development review.
Section 45-23-51. - Local regulations — Authority to create and administer regulations.
Section 45-23-52. - Local regulations — Procedure for adoption and amendment.
Section 45-23-53. - Local regulations — Public hearing and notice requirements.
Section 45-23-54. - Local regulations — Publication and availability.
Section 45-23-55. - Administration — The administrative officer.
Section 45-23-56. - Administration — Technical review committee.
Section 45-23-57. - Administration — The board of appeal.
Section 45-23-58. - Administration — Administrative fees.
Section 45-23-59. - Administration — Violations and penalties.
Section 45-23-60. - Procedure — Required findings.
Section 45-23-62. - Procedure — Waivers — Modifications and reinstatement of plans.
Section 45-23-63.1. - Procedure — Tolling of expiration periods.
Section 45-23-64. - Procedure — Signing and recording of plats and plans.
Section 45-23-65. - Procedure — Changes to recorded plats and plans.
Section 45-23-66. - Appeals — Right of appeal.
Section 45-23-67. - Appeals — Process of appeal.
Section 45-23-68. - Appeals — Stay of proceedings.
Section 45-23-69. - Appeals — Public hearing.
Section 45-23-70. - Appeals — Standards of review.
Section 45-23-71. - Appeals to the superior court.
Section 45-23-72. - Appeals to the superior court — Enactment of or amendment of local regulations.
Section 45-23-73. - Appeals to the superior court — Priority in judicial proceedings.