Watch Hill Fire District v. Westerly Zoning Board of Review
Syllabus
This Court issued a writ of certiorari to review a Superior Court judgment affirming a decision by the Westerly Zoning Board of Review granting a dimensional variance to expand a nonconforming structure in favor of the respondent, Zoey Watch Hill, LLC, for its property located at 14 Larkin Road in Westerly, Rhode Island. Before this Court, the petitioner, Watch Hill Fire District (WHFD), presented one issue for review: "Whether the Court should reverse the Superior Court's Decision because Zoey failed to meet the Zoning Statute's requirement to establish that they have 'no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property.'" The Supreme Court held that the trial justice correctly determined that the zoning board applied the correct hardship standardāmore than a mere inconvenienceāin finding that the respondent would not be able to enjoy a reasonable use of its property without approval of the dimensional variance. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.
Opinion Excerpt
Supreme Court No. 2022-327-M.P. (WC 21-195) Watch Hill Fire District : v. : Westerly Zoning Board of Review et al. : NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notif