New Castle Realty Co. v. Dreczko
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The Supreme Court affirmed in part and quashed in part the judgment of the superior court affirming a decision of the Town of Charlestown Zoning Board of Review denying a special-use permit and a dimensional variance, holding that there was insufficient evidence to support the denial of the special-use permit.
New Castle Realty Company applied to the zoning board for a special-use permit and a dimensional variance to build a house and install a septic system on a preexisting nonconforming lot. The zoning board denied both requests. The Supreme Court affirmed in part and quashed in part the superior court's judgment, holding (1) substantial evidence did not exist in the record to support either the zoning board's decision to deny the special-use permit or the trial justice's ruling affirming the denial of the special-use permit; and (2) the trial justice correctly concluded that certain testimony was fatal to New Castle's request for a dimensional variance.
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