Brewer v. Town Council

Supreme Court of Rhode Island

Brewer v. Town Council

350 A.2d 619, 115 R.I. 961, 1976 R.I. LEXIS 1590

CourtSupreme Court of Rhode Island

DecidedJanuary 30, 1976

DocketAppeal No. 75-234

StatusPublished

This text of 350 A.2d 619 (Brewer v. Town Council) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brewer v. Town Council, 350 A.2d 619, 115 R.I. 961, 1976 R.I. LEXIS 1590 (R.I. 1976).

Pincite

Opinion

This is an appeal from a judgment of the Superior Court invalidating an amendment to the zoning ordinance of the Town of Middletown. The appellants were the successful applicants before the town council. They now ask that their present appeal be dismissed without prejudice because subsequent to the initiation of this appeal a new application to rezone some of the subject property was granted by the council. The appellees have asked that the appeal be dismissed with prejudice and that we affirm the judgment entered in the Superior Court. After consideration of the [962]*962positions espoused by both parites, we shall, sua sponte, dismiss the appeal.

Joseph M. Hall, for plaintiffs-appellees. Joseph B. Going, Town Solicitor, Moore, Virgadamo, Boyle & Lynch, Ltd., Francis J. Boyle, for intervenor defendants and appellants.

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This is an appeal from a judgment of the Superior Court invalidating an amendment to the zoning ordinance of the Town of Middletown. The appellants were the successful applicants before the town council. They now ask that their present appeal be dismissed without prejudice because subsequent to the initiation of this appeal a new application to rezone some of the subject property was granted by the council. The appellees have asked that the appeal be dismissed with prejudice and that we affirm the judgment entered in the Superior Court. After consideration of the [962]*962positions espoused by both parites, we shall, sua sponte, dismiss the appeal.

Joseph M. Hall, for plaintiffs-appellees. Joseph B. Going, Town Solicitor, Moore, Virgadamo, Boyle & Lynch, Ltd., Francis J. Boyle, for intervenor defendants and appellants.

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Bluebook (online)

350 A.2d 619, 115 R.I. 961, 1976 R.I. LEXIS 1590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-town-council-ri-1976.