Town of Richmond v. Wawaloam Reservation, Inc.

850 A.2d 924, 2004 R.I. LEXIS 98, 2004 WL 1041543
CourtSupreme Court of Rhode Island
DecidedMay 10, 2004
Docket2003-69-Appeal, 2003-107-Appeal
StatusPublished
Cited by32 cases

This text of 850 A.2d 924 (Town of Richmond v. Wawaloam Reservation, Inc.) 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
Town of Richmond v. Wawaloam Reservation, Inc., 850 A.2d 924, 2004 R.I. LEXIS 98, 2004 WL 1041543 (R.I. 2004).

Opinion

OPINION

FLANDERS, Justice.

The rural Town of Richmond (town) and a capacious campground for recreational vehicles furnish the factual backdrop for this dispute over alleged zoning and building-code violations. At all times material to these consolidated cases, the defendants, Wawaloam Reservation, Inc., James Smith, and Maureen Smith (hereinafter collectively referred to as defendants), owned and operated the Wawaloam Campground (campground or property) in the town. They appeal from Superior Court judgments granting injunctive relief to the town with respect to sundry zoning and building-code violations at the campground. For many years, the defendants and the town have squabbled over the defendants’ alleged expansion and alteration of the campground, which exists as a *927 nonconforming use under the town’s zoning ordinance. After the town obtained favorable decisions from the local zoning board of review and from the state building-code board concerning the existence of these violations — from which decisions the defendants failed to appeal or to seek available judicial review — it successfully sued the defendants in the Superior Court to enforce them. As a result, the court entered judgments requiring the defendants to comply with the applicable building-code and zoning-ordinance provisions and to abate the violations.

Appealing from the Superior Court judgment that- enjoined them to correct the previously adjudicated violations of the zoning ordinance, defendants argue that the trial justice misapplied the law by finding that they needed to obtain special-use permits to build a new road, to add an addition to one of the campground buildings, and to proceed with other alterations of their legal nonconforming use of the campground. The defendants also appeal from the judgment requiring them to abate the previously adjudicated building-code violations at the campground. In doing so, they argue that the trial justice improperly found that defendants exercised sufficient control over the individual campsites in question to compel the removal of sheds, decks, and various other structures that lacked a building permit or that were otherwise at variance with the building code.

We reject these arguments. The doctrine of res judicata bars defendants from relitigating any claims and defenses relating to the existence of the violations in question that they raised or that they could have raised either in the previous administrative proceedings concerning these matters or in any appeal from or review of the adverse administrative decisions that those proceedings produced. With respect to the new road and to any other issues not governed by the previous administrative decisions, the trial justice, we conclude, did not err in finding that these alterations to the campground lacked the requisite permits and authorizations, and therefore were unlawful. Consequently, we affirm the Superior Court’s issuance of injunctive relief in both cases.

Facts and Travel

Since 1969, defendants have owned this 100-acre-plus property and operated it as a recreational-vehicle campground. Located between Gardner Road and Hillsdale Road in the northeast corner of the town, the campground includes 300 individual campsites that campers using recreational vehicles lease from defendants on a seasonal and transient basis.

1. Facts Pertinent to the Zoning Violations

The campground was originally situated in an R-80 zoning district that permitted overnight and family camping. In 1990, however, the town rezoned the property to an R-2 district and amended its zoning ordinance to prohibit overnight and family camping in all town zoning districts. At that time, the campground became a legal nonconforming use. In 1991, the town again revised its zoning ordinance to allow camping in an R-2 district, but only by special exception. Under the current zoning ordinance, the property is located in an R-2 zone, where the town permits “Outdoor Private Land Recreation * * * Camps & Campgrounds” by special-use permit. Richmond Municipal Code, Title 18 Zoning § 18.16.010 at 146. The town issued a license to the campground for the 1991-1992 season on a month-to-month basis. The town issued defendants a license to operate a campground with a maximum of 300 campsites for the year ending May 31,1993.

*928 On April 2, 1991, the town granted defendants a budding permit to construct a forty-foot by eighty-foot recreation building on the campground. The defendants used this building, known as the Pavilion, to serve food to campers who were staying on the property in’their recreational vehicles. The defendants, however, did not seek or obtain a special-use permit before constructing this building. In 1994, defendants applied for a building permit to construct an addition to the Pavilion. The town denied this application. Nevertheless, between 1994 and 1995, defendants built a sixteen-foot by twenty-one-foot addition to the Pavilion to add restrooms, so that the building would comply with Department of Health regulations. In January 1996, the deputy zoning enforcement officer for the town issued a zoning-violation notice, ordering defendants to remove the addition to the Pavilion or to obtain a special-use permit for the alteration of a nonconforming development. The officer issued the citation under § 18.48.030(A) of the Town of Richmond’s Zoning Ordinance, which provides that a “[njoneon-forming use of a building, structure or land may be enlarged, expanded, or intensified with the grant of a special use permit by the zoning board of review.”

The defendants appealed this violation notice to the Richmond Zoning Board of Review (zoning board). In August 1998, the zoning board denied this appeal. Although the zoning board gave defendants leave to apply for a special-use permit, defendants failed to submit such an application. Furthermore, defendants decided not to appeal the zoning board of review’s decision to the Superior Court, as they were entitled to do under 6.L.1956 § 45-24-69.

Thereafter, in April 1999, the town sued defendants in Superior Court (WC 99-180), seeking a permanent injunction that would require defendants to correct or abate the addition by obtaining appropriate relief from the board or by removing the addition from the Pavilion. The town argued that, as the zoning board previously had concluded, the addition constituted an illegal alteration of the defendants’ nonconforming campground use.

In June 2001, the town’s deputy zoning enforcement officer, Russell W. Brown, inspected the property. During this inspection, he observed that the addition to the Pavilion remained intact and that defendants had begun building a new road on a lot adjacent to the campground. Based on these observations, the town filed another action (WC 01-313) against defendants, seeking injunctive relief to prevent defendants from constructing and completing the road. The town argued that, like the addition to the Pavilion, the new road illegally altered and expanded the nonconforming campground use.

The Superior Court consolidated these actions. In 2002, the trial justice issued a bench decision, ruling that both the restroom addition to the Pavilion and the new road serving the campground illegally expanded defendants’ nonconforming use.

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Bluebook (online)
850 A.2d 924, 2004 R.I. LEXIS 98, 2004 WL 1041543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-richmond-v-wawaloam-reservation-inc-ri-2004.