Legal Opinion

Lombardi v. Kooloian

Supreme Court of Rhode Island

Decided July 7, 1989No. 88-572-M.PPublishedCited by 5 opinions

1Opinion of the Court

OPINION

2Per curiam

The narrow issue presented in this case is whether a Superior Court justice, on an appeal from the North Providence zoning board, can order a remand with specific directions that the zoning board be reconstituted as it was at the time of the hearing that gave rise to the appeal instead of as it was at the time of the remand. We hold that the trial justice does not have that authority.

In Dresser v. A.T. & G., Inc., 118 R.I. 66, 67-68, 372 A.2d 67, 68 (1977), we invalidated a decision of a zoning board, in part because “[sjeveral of the individuals participating in the decision on remand…

3Cases cited5 opinions

  1. Jones v. RommellSupreme Court of Rhode Island · 1987
  2. Lewandoski v. Vermont State CollegesSupreme Court of Vermont · 1983
  3. Vehslage v. Rose Acre Farms, Inc.Indiana Court of Appeals · 1985
  4. Coderre v. ZONING BD. OF PAWTUCKETSupreme Court of Rhode Island · 1968
  5. Dresser v. A. T. & G., Inc.Supreme Court of Rhode Island · 1977

4Cited by5 opinions

  1. Bluff Head Corp. v. Zoning Bd. of Review, Little Compton, 01-103 (2001)Superior Court of Rhode Island · 2001
  2. Burchard v. BuhrendorfSuperior Court of Rhode Island · 2009
  3. Koczkodan v. Zoning Board of Review of Town of Hopkinton, 98-0356 (2002)Superior Court of Rhode Island · 2002
  4. Marsocci v. Pilozzi, 03-2254 (r.I.super. 2006)Superior Court of Rhode Island · 2006
  5. Town of North Kingstown v. Pellegrino, Wc94-482 (1995)Superior Court of Rhode Island · 1995

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