Gagnon v. Benoit

DECISION

This is an action pursuant to the Uniform Declaratory Judgment Act, G.L. 1956 §§ 9-30-1 to 9-30-16, arising out of a proposed commercial, retail, and residential development in the Town of North Smithfield, Rhode Island. Plaintiffs seek a declaration from this Court that § 5.4.12 of the North Smithfield Zoning Ordinance is in excess of the authority granted by the Zoning Enabling Act, G.L. 1956 §§ 45-24-27 to 45-24-72. In addition, they seek a determination that the permits issued to Defendant Bucci Development, Inc. to develop the Dowling Village project are "null and void ab initio"…