Legal Opinion

Martins v. Zoning Board of Review of Town of Foster, Pc/05-3155 (2006)

Superior Court of Rhode Island

Decided August 15, 2006No. PC/05-3155Published

1Opinion of the Court

DECISION

Before this Court is an appeal from a June 3, 2005 decision by the Town of Foster's Zoning Board (Board or Zoning Board) which denied Nelson D. Martins' (Plaintiff or Mr. Martins) application for a dimensional variance. Jurisdiction is pursuant to G.L. 1956 § 452-4-69.

FACTS AND TRAVEL

In early November of 1979, Linda Walden acquired real estate, located in Foster, Rhode Island, from Wayne Gergler (Mr. Gergler). This property, which was intersected by a public road, Central Pike, was listed on the deed as a single lot, Lot 52. On November 29, 1979, Mrs. Walden deeded part of Lot 52, a…

2Cases cited14 opinions

  1. Caswell v. George Sherman Sand & Gravel Co.Supreme Court of Rhode Island · 1981
  2. Apostolou v. GenovesiSupreme Court of Rhode Island · 1978
  3. Johnston Ambulatory Surgical Associates, Ltd. v. NolanSupreme Court of Rhode Island · 2000
  4. Lischio v. Zoning Board of Review of North KingstownSupreme Court of Rhode Island · 2003
  5. Bernuth v. Zoning Board of ReviewSupreme Court of Rhode Island · 2001

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