Rhode Island § 45-23-72 § 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.

Rhode Island Statutes

§ 45-23-72 — § 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.

Rhode Island § 45-23-72

Title 45Towns and cities

Ch. 45-23Subdivision of Land

This text of Rhode Island § 45-23-72 (§ 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 45-23-72 (2026).

Text

§ 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.
(a) Any appeal of an enactment of or an amendment of local regulations may be taken to
            the superior court for the county in which the municipality is situated by filing
            a complaint, as stated in this section, within thirty (30) days after the enactment,
            or amendment has become effective. The appeal may be taken by any legal resident or
            landowner of the municipality or by any association of residents or landowners of
            the municipality. The appeal does not stay the enforcement of the local regulations,
            as enacted or amended, but the court may, in its disc

Free access — add to your briefcase to read the full text and ask questions with AI

§ 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.

(a) Any appeal of an enactment of or an amendment of local regulations may be taken to the superior court for the county in which the municipality is situated by filing a complaint, as stated in this section, within thirty (30) days after the enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal does not stay the enforcement of the local regulations, 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 any other orders that it deems necessary for an equitable disposition of the appeal.

(b) The complaint shall state with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensive plan; or the municipality's zoning ordinance.

(c) The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensive plan; or the municipality's zoning ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.

(d) The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as stated herein, including a municipality.