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Rhode Island Supreme Court Affirms Land Use Summary Judgment in favor of AP&S Quick Service Restaurant Client

Beth Noonan, Hamza Chaudary and Rob Stolzman obtained summary judgment in favor of an international quick service restaurant (QSR) client in a zoning appeal brought by a competing QSR franchisee to impede the development of a new restaurant.  The competing QSR also sought a mandatory injunction to prevent construction of the new restaurant.   Our client was able to successfully build and operate its restaurant during the pendency of the litigation.

The Rhode Island Supreme Court recently affirmed the Superior Court decision noting that the de novo review of the case was unusual and “is not the typical posture when we are confronted with issues regarding the interpretation and application of zoning ordinances.”  The case reminds all permitting authorities, developers and land use lawyers to read and understand the current ordinances and statutes affecting applications for development from the very outset of the application process.

Link to referenced case

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