A.
An appeal from any decision of an administrative officer
(including the Zoning Enforcement Officer) or any agency charged hereunder
with the enforcement of any of the provisions of this chapter may
be taken to the Zoning Board by an aggrieved party.
B.
An appeal from a decision of the Zoning Board may
be taken by an aggrieved party to the superior court for the county
in which the Town of Johnston is situated.
A.
An appeal may be taken by an aggrieved party to the
Zoning Board from a decision of any other zoning enforcement agency
or officer. The appeal shall be taken within 30 days of the date of
the recording of the decision by the officer or agency by filing with
the officer or agency from whom the appeal is taken, and with the
Zoning Board, a notice of appeal specifying the ground thereof. The
officer or agency from whom the appeal is taken shall forthwith transmit
to the Zoning Board all the papers constituting the record upon which
the action appealed from was taken. Notice of the appeal shall also
be transmitted to the Planning Board.
B.
An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the agency or Zoning Enforcement
Officer from whom the appeal is taken certifies to the Zoning Board,
after an appeal shall have been duly filed, that by reason of facts
stated in the certificate a stay would in the officer's or agency's
opinion cause imminent peril to life or property. In that case, proceedings
shall not be stayed other than by a restraining order, which may be
granted by a court of competent jurisdiction on application thereof
and upon notice to the officer or agency from whom the appeal is taken
on due cause shown.
C.
The Zoning Board shall fix a reasonable time for the
hearing of the appeal within 45 days after the filing of an application
for appeal, give public notice thereof, as well as due notice to the
parties of interest, and decide the matter within a reasonable time.
Upon the hearing, any party may appear in person or by agent or by
attorney. The cost of any notice required for the hearing shall be
borne by the appellant.
D.
Participation in a zoning hearing or other proceeding
by a party shall not be a cause for civil action or liability except
for acts not in good faith, intentional misconduct, a knowing violation
or law, transactions where there is an improper personal benefit,
or malicious, wanton, or willful misconduct.
E.
In exercising its powers the Zoning Board may, in conformity with the provisions of R.I.G.L. § 45-24-27 et seq., reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Zoning Board respecting appeals shall conform to the provisions of R.I.G.L. § 45-24-61 and § 340-127 of this chapter.[1]
A.
An aggrieved party may appeal a decision of the Johnston
Zoning Board to the superior court for the county in which the Town
of Johnston is situated by filing a complaint setting forth the reasons
of appeal within 20 days after the decision has been recorded and
posted in the office of the Johnston Town Clerk. The decision shall
be posted in a location visible to the public in the Johnston Town
Hall for a period of 20 days following the recording of the decision.
The Zoning Board 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 within 30 days after being served with
a copy of the complaint. When the complaint is filed by someone other
than the original applicant or appellant, the original applicant or
appellant and the members of the Zoning Board shall be made parties
to the proceedings. 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 orders as it deems
necessary for an equitable disposition of the appeal.
B.
If, before the date set for hearing in the superior
court, an application is made to the court for leave to present additional
evidence before the Zoning Board and it is shown to the satisfaction
of the court that the additional evidence is material and that there
were good reasons for the failure to present it at the hearing before
the Zoning Board, the court may order that the additional evidence
be taken before the Zoning Board upon conditions determined by the
court. The Zoning Board may modify its findings and decision by reason
of the additional evidence and shall file that evidence and any new
findings or decisions with the superior court.
C.
The review shall be conducted by the superior court
without a jury. The court shall consider the record of the hearing
before the Zoning Board and, if it shall appear to the court that
additional evidence is necessary for the proper disposition of the
matter, it may allow any party to the appeal to present the evidence
in open court, which evidence, along with the report, shall constitute
the record upon which the determination of the court shall be made.
D.
The court shall not substitute its judgment for that
of the Zoning Board as to the weight of the evidence on questions
of fact. The court may affirm the decision of the Zoning Board or
remand the case for further proceedings, or may reverse or modify
the decision if substantial rights of the appellant have been prejudiced
because of findings, inferences, conclusions or decisions which are:
(1)
In violation of constitutional, statutory, or ordinance
provisions;
(2)
In excess of the authority granted to the Zoning Board
by statute or ordinance;
(3)
Made upon unlawful precedents;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative,
and substantial evidence of the whole record; or
(6)
Arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of discretion.
Upon the entry of any case or proceeding brought
under the provisions of R.I.G.L. § 45-24-27 et seq., including
pending appeals and appeals hereafter taken to the court, at the request
of either party, the court shall, in accordance with R.I.G.L. § 45-24-70,
advance the case, so that the matter shall be afforded precedence
on the calendar and shall thereupon be heard and determined with as
little delay as possible.
A.
An appeal of an enactment of or an amendment to this
chapter may be taken to the superior court for the county in which
the Town is situated by filing a complaint, as set forth herein, within
30 days after the enactment or amendment has become effective. The
appeal may be taken by an aggrieved party or by any legal resident
or landowner of the municipality or by any association of residents
or landowners of the municipality. The appeal shall not stay the enforcement
of this chapter, 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 such other orders as it deems necessary
for an equitable disposition of the appeal.
B.
The complaint shall set forth with specificity the
area or areas in which the enactment or amendment does not conform
with the Comprehensive Plan and/or the manner in which it constitutes
a taking of private property without just compensation.
C.
The review shall be conducted by the court without
a jury. The court shall first consider whether the enactment or amendment
of the chapter is in conformance with the Comprehensive Plan. If the
enactment or amendment is not in conformation with the Comprehensive
Plan, then the court shall invalidate the enactment or the amendment,
or those parts of the enactment or amendment which are not in conformance
with the Comprehensive Plan. The court shall not revise the ordinance
to conform with the Comprehensive Plan, but may suggest appropriate
language as part of the court decision.
D.
In the case of an aggrieved party, where the court
has found that the enactment or amendment of the chapter is in conformance
with the Johnston Comprehensive Plan, then the court shall next determine
whether the enactment 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 remand the case to the legislative body of
the municipality, with its findings that a taking has occurred, and
order the Town to either provide just compensation or rescind the
enactment or amendment within 30 days.
E.
The superior court shall retain jurisdiction, in the
event that the aggrieved party and the Town do not agree on the amount
of compensation, in which case the superior court shall hold further
hearings to determine and to award compensation. Furthermore, the
superior court shall retain jurisdiction to determine the amount of
an award of compensation for any temporary taking, if that taking
shall exist.
F.
The court may, in its discretion, upon motion of the
parties or on its own motion, award reasonable attorneys' fees to
any party to an appeal, as set forth herein, including the Town.
