Karco Investors, Inc. v. The Zoning Board of Review of the City of Cranston, et al., C.A.

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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. SUPERIOR COURT [Filed: April 5, 2018] KARCO INVESTORS, INC., Appellant, vs. : : : : THE ZONING BOARD OF REVIEW OF THE : CITY OF CRANSTON; DAVID CAPUANO, : in his capacity as the City of Cranston : Treasurer; and JOSEPH J. NATALE, : Appellees. : ___________________________________________ 11 EAST JOSEPHINE STREET REALTY, LLC, Appellant, vs. : : : : : THE ZONING BOARD OF REVIEW OF THE : CITY OF CRANSTON; DAVID CAPUANO, : in his capacity as the City of Cranston : Treasurer; and JOSEPH J. NATALE, : Appellees. : C.A. No. PC-2014-4865 (Consolidated with) C.A. No. PC-2016-5545 AMENDED DECISION VAN COUYGHEN, J. This Amended Decision is being filed for the sole purpose of amending the heading to include the consolidated case of 11 East Josephine Street Realty, LLC v. The Zoning Board of Review of the City of Cranston, et al., C.A. No. PC-2016-5545. The second appeal referenced herein was taken by 11 East Josephine Street Realty, LLC due to the transfer of property owned by Karco Investors, Inc. The Court was unaware that the two cases were consolidated, until it was brought to the Court’s attention on April 2, 2018 by counsel for Appellant. After careful review of both cases and the memoranda submitted by all parties, the only difference between the documents filed in each case is the heading. This Decision applies to both cases and resolves all issues raised therein. The remaining contents of the original Decision filed on November 8, 2017 remain the same. 2 RHODE ISLAND SUPERIOR COURT Decision Addendum Sheet TITLE OF CASE: Karco Investors, Inc./11 East Josephine Street Realty, LLC vs. The Zoning Board of Review of the City of Cranston, et al. CASE NO: PC-2014-4865 and PC-2016-5545 (consolidated cases) COURT: Providence County Superior Court DATE DECISION FILED: April 5, 2018 JUSTICE/MAGISTRATE: Van Couyghen, J. ATTORNEYS: For Plaintiff: Joelle C. Rocha, Esq. For Defendant: Stephen H. Marsella, Esq.; Christopher J. Zangari, Esq. 3

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