RH McLeod Family LLC v. Westerly Zoning Board of Review; 4 Spray Rock, LLC v. Westerly Zoning Board of Review
Syllabus
The Supreme Court issued writs of certiorari to review a Superior Court judgment affirming a decision by the Westerly Zoning Board of Review that granted a dimensional variance to the respondents, Todd Nordstrom and Karyn Nordstrom, enabling them to demolish the existing house on the property and build a new three story house. The petitioners, RH McLeod Family LLC, Margot Perot, and 4 Spray Rock, LLC, argued that the trial justice erred in affirming the decision of the zoning board. The Supreme Court held that trial justice erred in affirming the decision of the zoning board because the plain language of the ordinance prevented the Nordstroms from obtaining a dimensional variance to demolish the existing nonconforming structure and building a new nonconforming structure. Accordingly, the Supreme Court quashed the judgment of the Superior Court.
Opinion Excerpt
Supreme Court RH McLeod Family LLC et al. : No. 2023-104-M.P. (WC 21-495) v. : Westerly Zoning Board of Review et al. : 4 Spray Rock, LLC : No. 2023-117-M.P. (WC 21-497) v. : Westerly Zoning Board of Rev