§ 45-24-71 Appeals – Appeal ofenactment of or amendment to zoning ordinance. – (a) An appeal of an enactment of or an amendment to a zoning ordinance may betaken to the superior court for the county in which the municipality issituated by filing a complaint within thirty (30) days after the enactment oramendment has become effective. The appeal may be taken by an aggrieved partyor by any legal resident or landowner of the municipality or by any group ofresidents or landowners whether or not incorporated, of the municipality. Theappeal shall not stay the enforcement of the zoning ordinance, as enacted oramended, but the court may, in its discretion, grant a stay on appropriateterms, which may include the filing of a bond, and make other orders that itdeems necessary for an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area orareas in which the enactment or amendment does not conform with thecomprehensive plan and/or the manner in which it constitutes a taking ofprivate property without just compensation.
(c) The review shall be conducted by the court without ajury. The court shall first consider whether the enactment or amendment of thezoning ordinance is in conformance with the comprehensive plan. If theenactment or amendment is not in conformance with the comprehensive plan, thenthe court shall invalidate the enactment or the amendment, or those parts ofthe enactment or amendment which are not in conformance with the comprehensiveplan. The court shall not revise the ordinance to conform with thecomprehensive plan, but may suggest appropriate language as part of the courtdecision.
(d) In the case of an aggrieved party, where the court hasfound that the enactment or amendment of the zoning ordinance is in conformancewith the comprehensive plan, then the court shall next determine whether theenactment 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 remandthe case to the legislative body of the municipality, with its findings that ataking has occurred, and order the municipality to either provide justcompensation or rescind the enactment or amendment within thirty (30) days.
(e) The superior court retains jurisdiction, in the eventthat the aggrieved party and the municipality do not agree on the amount ofcompensation, in which case the superior court shall hold further hearings todetermine and to award compensation. The superior court retains jurisdiction todetermine the amount of an award of compensation for any temporary taking, ifthat taking exists.
(f) The court may, in its discretion, upon the motion of theparties or on its own motion, award reasonable attorney's fees to any party toan appeal, including a municipality.
§ 45-24-71 Appeals – Appeal ofenactment of or amendment to zoning ordinance. – (a) An appeal of an enactment of or an amendment to a zoning ordinance may betaken to the superior court for the county in which the municipality issituated by filing a complaint within thirty (30) days after the enactment oramendment has become effective. The appeal may be taken by an aggrieved partyor by any legal resident or landowner of the municipality or by any group ofresidents or landowners whether or not incorporated, of the municipality. Theappeal shall not stay the enforcement of the zoning ordinance, as enacted oramended, but the court may, in its discretion, grant a stay on appropriateterms, which may include the filing of a bond, and make other orders that itdeems necessary for an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area orareas in which the enactment or amendment does not conform with thecomprehensive plan and/or the manner in which it constitutes a taking ofprivate property without just compensation.
(c) The review shall be conducted by the court without ajury. The court shall first consider whether the enactment or amendment of thezoning ordinance is in conformance with the comprehensive plan. If theenactment or amendment is not in conformance with the comprehensive plan, thenthe court shall invalidate the enactment or the amendment, or those parts ofthe enactment or amendment which are not in conformance with the comprehensiveplan. The court shall not revise the ordinance to conform with thecomprehensive plan, but may suggest appropriate language as part of the courtdecision.
(d) In the case of an aggrieved party, where the court hasfound that the enactment or amendment of the zoning ordinance is in conformancewith the comprehensive plan, then the court shall next determine whether theenactment 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 remandthe case to the legislative body of the municipality, with its findings that ataking has occurred, and order the municipality to either provide justcompensation or rescind the enactment or amendment within thirty (30) days.
(e) The superior court retains jurisdiction, in the eventthat the aggrieved party and the municipality do not agree on the amount ofcompensation, in which case the superior court shall hold further hearings todetermine and to award compensation. The superior court retains jurisdiction todetermine the amount of an award of compensation for any temporary taking, ifthat taking exists.
(f) The court may, in its discretion, upon the motion of theparties or on its own motion, award reasonable attorney's fees to any party toan appeal, including a municipality.
§ 45-24-71 Appeals – Appeal ofenactment of or amendment to zoning ordinance. – (a) An appeal of an enactment of or an amendment to a zoning ordinance may betaken to the superior court for the county in which the municipality issituated by filing a complaint within thirty (30) days after the enactment oramendment has become effective. The appeal may be taken by an aggrieved partyor by any legal resident or landowner of the municipality or by any group ofresidents or landowners whether or not incorporated, of the municipality. Theappeal shall not stay the enforcement of the zoning ordinance, as enacted oramended, but the court may, in its discretion, grant a stay on appropriateterms, which may include the filing of a bond, and make other orders that itdeems necessary for an equitable disposition of the appeal.
(b) The complaint shall state with specificity the area orareas in which the enactment or amendment does not conform with thecomprehensive plan and/or the manner in which it constitutes a taking ofprivate property without just compensation.
(c) The review shall be conducted by the court without ajury. The court shall first consider whether the enactment or amendment of thezoning ordinance is in conformance with the comprehensive plan. If theenactment or amendment is not in conformance with the comprehensive plan, thenthe court shall invalidate the enactment or the amendment, or those parts ofthe enactment or amendment which are not in conformance with the comprehensiveplan. The court shall not revise the ordinance to conform with thecomprehensive plan, but may suggest appropriate language as part of the courtdecision.
(d) In the case of an aggrieved party, where the court hasfound that the enactment or amendment of the zoning ordinance is in conformancewith the comprehensive plan, then the court shall next determine whether theenactment 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 remandthe case to the legislative body of the municipality, with its findings that ataking has occurred, and order the municipality to either provide justcompensation or rescind the enactment or amendment within thirty (30) days.
(e) The superior court retains jurisdiction, in the eventthat the aggrieved party and the municipality do not agree on the amount ofcompensation, in which case the superior court shall hold further hearings todetermine and to award compensation. The superior court retains jurisdiction todetermine the amount of an award of compensation for any temporary taking, ifthat taking exists.
(f) The court may, in its discretion, upon the motion of theparties or on its own motion, award reasonable attorney's fees to any party toan appeal, including a municipality.
