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In re Advisory Opinion to the Governor (Casino III), No. 06-201 (July
13, 2006)
State v. Lewis Elliott, No. 05-187 (June 9, 2006)
Northern Trust Co. et al v. Zoning Board of Review of the Town of
Westerly et al, No. 05-76 (June 6, 2006)
In the Matter of David J. Graham, No. 05-261 (May 31,
2006)
State v. Angell-Dean Brown, No. 05-128 (May 31, 2006)
Margaret Strepp v. Thomas Strepp, No. 05-227 (May 26, 2006)
Bernardo Figueroa v. State of Rhode Island, No. 03-231 (May 4, 2006)
Jose Doctor v. State of Rhode Island, No. 04-78 (May 4,
2006)
Brian K. Crum v. Jordan W. Horowitz et al, No. 04-209 (May 1, 2006)
William Napier et al v. Epoch Corporation, No. 05-114 (May 1, 2006)
State v. Norbert Caba, No. 05-80 (April 28, 2006)
Thomas C. Riley v. Phyllis A. Stafford, No. 05-151 (April 24, 2006)
State v. Roosevelt White, No. 05-138 (Amended - April 14, 2006)
In re Dakota G., No. 03-535 (April 14, 2006)
In re Samuel Y, No. 04-349 (April 12, 2006)
Weybosset Hills Investments, LLC v. Thomas Rossi, in his capacity as tax
assessor for the City of Providence, No. 05-192 (April 12, 2006)
Gelfuso and Lachut, Inc. v. Mary's Italian Restaurant, Inc., et al, No. 04-244 (April 11, 2006)
State v. Miguel Ducally, No. 05-34 (April 11, 2006)
State v. John N. Falcone, No. 04-288 (March 16, 2006)
Richard L. Gallaher v. Karen Dutton, No. 00-172 (February 20, 2006)
Sturbridge Home Builders, Inc., as nominee of Seaport Home Builders,
Inc. v. Downing Seaport, Inc. et al, No. 04-378 (February 17, 2006)
State v. Roosevelt White, No. 05-138 (February 17, 2006)
In re Danesha J., No. 04-348 (January 19, 2006)
State v. Jerry R. House, No. 05-78 (January 19, 2006)
State v. Howard M. Cosores, No. 03-440 (January 11, 2006)
State v. Michael Ballard, No. 03-140 (December 22, 2005)
Michael Marra v. Dennis Finlay, Treasurer for the Town of Smithfield,
et al, No. 04-318 (December 15, 2005)
Alfred Caron et al v. Town of North Smithfield, No. 03-315 (December
5, 2005)
State v. Joshua Maciorski, No. 05-001 (December 2, 2005)
West Reservoir, LLC v. Town of Smithfield Zoning Board of Review,
No. 05-7 (November 10, 2005)
West Reservoir, LLC, a for-profit property developer, appealed from a
decision of the State Housing Appeals Board (SHAB) upholding the Town of
Smithfield zoning board’s continuance of the hearing on its
comprehensive permit application to construct a mixed-use commercial and
residential development pursuant to the Rhode Island Low and Moderate
Income Housing Act, G.L. 1956 chapter 53 of title 45 (the act. The
application was subject to a moratorium that prohibited for-profit
developers from using provisions of the act to propose low- or
moderate-income developments between February 13, 2004 and January 31,
2005. In accordance with the act, SHAB reviewed the application to
determine its substantial completion as of February 13, 2004, and
determined that, because of the interrelationship between the
residential and commercial uses of the proposed development, West
Reservoir’s application lacked sufficient details describing the project
in its entirety to be " substantially complete" within the meaning of
the statute.
The Supreme Court affirmed SHAB’s ruling.
Armand Cortellesso a/k/a Patriot Homes v. Town of Smithfield Zoning
Board of Review, No. 05-21 (November 10, 2005)
Armand Cortellesso appealed from a decision of the State Housing Appeals
Board (SHAB) dismissing his appeal to SHAB for lack of standing.
He had filed a comprehensive permit application with the Smithfield
Zoning Board of Review (zoning board) under the Rhode Island Low and
Moderate Income Act (the act). The zoning board continued the
hearings on the application because of a statutory moratorium
prohibiting the use of any provisions of the act by for-profit
developers between February 13, 2004 and January 31, 2005. In
accordance with an amendment to the act in July 2004, SHAB reviewed the
application to determine whether it was " substantially complete" as of
February 13, 2004.
On February 13, 2004, the
decisive date for the substantial completeness inquiry, plaintiff had
transferred legal title in the property that was the subject of his
application to a limited liability company that he claimed he created to
protect himself from personal liability and for which he was the sole
managing member. SHAB did not reach the merits of the substantial
completeness of plaintiff’s application, however, because it determined
that plaintiff lacked personal standing to bring the appeal of the
continuance of the hearings because he no longer individually had legal
title to the property listed in the application. The Supreme Court
affirmed SHAB’s ruling.
Patricia A. Seddon v. Carl E. Duke, No. 05-27 (October 31, 2005)
State v. Carlos B. Lopes, No. 04-143 (October 24, 2005)
State v. John Bergevine, No. 04-327 (October 20, 2005)
In re Marjorie R. Yasher, Magistrate Judge for the Rhode Island Traffic
Tribunal, No. 05-271 (October 7, 2005) |