§ 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 betaken to the superior court for the county in which the municipality issituated by filing a complaint, as stated in this section, within thirty (30)days after the enactment, or amendment has become effective. The appeal may betaken by any legal resident or landowner of the municipality or by anyassociation of residents or landowners of the municipality. The appeal does notstay the enforcement of the local regulations, as enacted or amended, but thecourt may, in its discretion, grant a stay on appropriate terms, which mayinclude the filing of a bond, and make any other orders that it deems necessaryfor an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area orareas in which the enactment or amendment is not consistent with theComprehensive Planning Act, chapter 22.2 of this title; the Rhode Island ZoningEnabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensiveplan; or the municipality's zoning ordinance.
(c) The review shall be conducted by the court without ajury. The court shall consider whether the enactment or amendment of the localregulations is consistent with the Comprehensive Planning Act, chapter 22.2 ofthis title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 etseq.; the municipality's comprehensive plan; or the municipality's zoningordinance. If the enactment or amendment is not consistent, then the courtshall invalidate the enactment or the amendment, or those parts of theenactment or amendment which are not consistent. The court shall not revise thelocal regulations to be consistent, but may suggest appropriate language aspart of the court decision.
(d) The court may in its discretion, upon motion of theparties or on its own motion, award reasonable attorney's fees to any party toan appeal, as stated herein, including a municipality.
§ 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 betaken to the superior court for the county in which the municipality issituated by filing a complaint, as stated in this section, within thirty (30)days after the enactment, or amendment has become effective. The appeal may betaken by any legal resident or landowner of the municipality or by anyassociation of residents or landowners of the municipality. The appeal does notstay the enforcement of the local regulations, as enacted or amended, but thecourt may, in its discretion, grant a stay on appropriate terms, which mayinclude the filing of a bond, and make any other orders that it deems necessaryfor an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area orareas in which the enactment or amendment is not consistent with theComprehensive Planning Act, chapter 22.2 of this title; the Rhode Island ZoningEnabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensiveplan; or the municipality's zoning ordinance.
(c) The review shall be conducted by the court without ajury. The court shall consider whether the enactment or amendment of the localregulations is consistent with the Comprehensive Planning Act, chapter 22.2 ofthis title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 etseq.; the municipality's comprehensive plan; or the municipality's zoningordinance. If the enactment or amendment is not consistent, then the courtshall invalidate the enactment or the amendment, or those parts of theenactment or amendment which are not consistent. The court shall not revise thelocal regulations to be consistent, but may suggest appropriate language aspart of the court decision.
(d) The court may in its discretion, upon motion of theparties or on its own motion, award reasonable attorney's fees to any party toan appeal, as stated herein, including a municipality.
§ 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 betaken to the superior court for the county in which the municipality issituated by filing a complaint, as stated in this section, within thirty (30)days after the enactment, or amendment has become effective. The appeal may betaken by any legal resident or landowner of the municipality or by anyassociation of residents or landowners of the municipality. The appeal does notstay the enforcement of the local regulations, as enacted or amended, but thecourt may, in its discretion, grant a stay on appropriate terms, which mayinclude the filing of a bond, and make any other orders that it deems necessaryfor an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area orareas in which the enactment or amendment is not consistent with theComprehensive Planning Act, chapter 22.2 of this title; the Rhode Island ZoningEnabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensiveplan; or the municipality's zoning ordinance.
(c) The review shall be conducted by the court without ajury. The court shall consider whether the enactment or amendment of the localregulations is consistent with the Comprehensive Planning Act, chapter 22.2 ofthis title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 etseq.; the municipality's comprehensive plan; or the municipality's zoningordinance. If the enactment or amendment is not consistent, then the courtshall invalidate the enactment or the amendment, or those parts of theenactment or amendment which are not consistent. The court shall not revise thelocal regulations to be consistent, but may suggest appropriate language aspart of the court decision.
(d) The court may in its discretion, upon motion of theparties or on its own motion, award reasonable attorney's fees to any party toan appeal, as stated herein, including a municipality.
