Frank Ansuini, Inc. v. City of Cranston

This is a civil complaint which partakes of a petition for declaratory judgment and was heard by a justice of the Superior Court on the pleadings, exhibits and on agreed statement of facts. It seeks to strike down, as being ultra vires of the police power, a regulation of the City of Cranston’s Planning Commission requiring, as a condition precedent to final plat approval, the voluntary donation for recreation purposes of at least seven per cent of the land to be divided.

From a Superior Court judgment for plaintiff, defendant city appealed to this court.

General Laws 1956, §45-23-2 provides:

“Po…