The Gerald P. Zarrella Trust v. Town of Exeter

176 A.3d 467
CourtSupreme Court of Rhode Island
DecidedJanuary 16, 2018
Docket2016-301-Appeal (WC 15-18)
StatusPublished
Cited by2 cases

This text of 176 A.3d 467 (The Gerald P. Zarrella Trust v. Town of Exeter) 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
The Gerald P. Zarrella Trust v. Town of Exeter, 176 A.3d 467 (R.I. 2018).

Opinion

OPINION

Justice Flaherty,

for the Court.

This appeal involves a man, Gerald Zar-rella, his land, Gerald’s Farm, and a local government, the Town of Exeter, Rhode Island. The plaintiffs, the Gerald P. Zarrel-la Trust, Gerald P. Zarrella, in his capacity as trustee, and Gerald’s Farm, LLC (collectively, Zarrella), seek review of a Superior Court judgment denying their request for declaratory relief. This matter came before the Supreme Court pursuant ’to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After considering the parties’ written and oral arguments, and after reviewing the record, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. At issue is whether' subsection 4(a) of Rhode Island’s Right to Farm Act, G.L. 1956 chapter 23 of title 2, permits. Zarrella to host commercial events, such as weddings for a fee, on his farmland in Exeter. For the reasons discussed below, we hold that it does not; therefore, we affirm the judgment of the Superior Court.

I

Facts and Travel

This is not the first time that Zarrella and the Town of Exeter have been entangled in litigation over Zarrella’s right to host commercial events on his farmland. In 2011, after the town sued Zarrella to prevent him from doing exactly that, the town and Zarrella entered into an amended consent judgment that permanently enjoined Zarrella from “using and/or renting the property located at 270 Narrow Lane, Ex-eter, Rhode Island, known as Gerald’s Farm * * * for weddings for a fee or other commercial events.” 1 There was one caveat: the injunction would run with Zar-rella’s land “until such time as and to the extent that the terms of this permanent injunction are superseded by statute * * According to Zarrella, that time came in' 2014.

In 2014, the General Assembly amended the second sentence of § 2-23-4(a) to read as follows:

“The mixed-use of farms and farmlands for other forms of enterprise including, but not limited to, the display of antique vehicles and equipment, retail sales, tours, classes, petting, feeding and viewing of animals, hay rides, crop mazes, festivals and other special events are hereby recognized as a valuable and viable means of contributing to the preservation of agriculture.” 2

Concluding that this amendment superseded the 2011 injunction, Zarrella attempted to obtain a zoning certificate from the town that would allow him to host a commercial fundraising event on his farmland. But, as it did in 2011, the town rebuffed Zarrella’s attempt to do so, informing him that he was still bound by the terms of the 2011 injunction. This prompted Zarrella to file suit against the town and the members of the Town Council, in their official capacities, in 2015.

In a verified complaint, Zarrella sought a number of declarations pursuant to the Uniform Declaratory Judgments Act, G.L. 1956 chapter 30 of title 9. Zarrella asserted that hosting commercial events—including hosting weddings for a fee—is the sort of “other special event[]” that the General Assembly “recognized * * * as a valuable and viable means of contributing to the preservation of agriculture” when it amended § 2-23-4(a) in 2014. The thrust of Zarrella’s complaint was that the 2014 amendment to § 2-23-4(a) rendered the 2011 permanent injunction a nullity, green-lighting his ability to host weddings for a fee on his farmland.

After he filed his lawsuit, Zarrella obtained a temporary restraining order that vacated the 2011 injunction. 3 But that temporary order was short-lived. After a non-jury trial, 4 a second trial justice denied Zarrella’s request for declaratory relief, ruling that the General Assembly’s 2014 amendment to § 2-23-4(a) did not supersede the 2011 injunction. In his decision, the trial justice concluded that the second sentence of § 2-23-4(a) merely set forth a list of encouraged uses of farms and farmland, which did not preempt the town’s authority to restrict nonagricultural operations such as hosting commercial events, including weddings for a fee. It is from the judgment embodying that decision that Zarrella appeals.

II

Standard of Review

“It is well settled that, ‘with respect to the ultimate decision by a trial justice to grant or deny declaratory relief, our standard of review is deferential.’ ” Bruce Brayman Builders, Inc. v. Lamphere, 109 A.3d 395, 397 (R.I. 2015) (quoting Grady v. Narragansett Electric Co., 962 A.2d 34, 41 (R.I. 2009)). Generally, “this Court reviews a decision by a trial justice in a declaratory judgment action in order ‘to determine whether the court abused its discretion, misinterpreted the applicable law, overlooked material facts, or otherwise exceeded its authority.’ ” Cigarrilha v. City of Providence, 64 A.3d 1208, 1212 (R.I. 2013) (quoting Town of Richmond v. Rhode Island Department of Environmental Management, 941 A.2d 151, 155 (R.I. 2008)). Moreover, “this Court affords the ‘[fjactual findings of a trial justice in a nonjury case * * * great weight and will not * * * disturb[ ] [them] on appeal unless they are clearly wrong or unless the trial justice has overlooked or misconceived material evidence.’ ” Id. (quoting Cullen v. Tarini, 15 A.3d 968, 977 (R.I. 2011)).

Here, however, because we are presented with a question of statutory interpretation, that deferential standard of review gives way to a de novo standard of review. Town of North Kingstown v. Albert, 767 A.2d 659, 662 (R.I. 2001) (explaining that “questions implicating statutory-interpretation are questions of law and are therefore, ' reviewed de novo by this Court”). When confronted with a clear and unambiguous statute, our task is straightforward: “[W]e are bound to ascribe the plain and ordinary meaning of the words of the statute and our inquiry is at an end.” Town of Warren v. Bristol Warren Regional School District, 159 A.3d 1029,1039 (R.I. 2017) (quoting Bucci v. Lehman Brothers Bank, FSB, 68 A.3d 1069, 1078 (R.I. 2013)).

Discussion

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176 A.3d 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-gerald-p-zarrella-trust-v-town-of-exeter-ri-2018.