Armand Cortellesso a/k/a Patriot Homes v. Town of Smithfield Zoning Board of Review

Summary

The Rhode Island Supreme Court affirmed the State Housing Appeals Board's dismissal of Armand Cortellesso's appeal for lack of standing. The court held that Cortellesso lost his individual legal interest in the property when he conveyed it to Hoxie Farms, LLC, a distinct legal entity, and therefore was not an aggrieved party entitled to pursue the appeal. The court concluded that SHAB's decision was not arbitrary, capricious, clearly erroneous, or in excess of its statutory authority.

Holdings

1. Cortellesso lacked standing to prosecute the appeal in his individual capacity because the February 13, 2004 quitclaim deed divested him of his individual legal interest in the property, and the application was not amended to identify Hoxie Farms, LLC as the owner.
2. SHAB's dismissal of Cortellesso's appeal for lack of standing was not arbitrary, capricious, clearly erroneous, or in excess of statutory authority.

Questions Presented

1. Whether SHAB exceeded its statutory authority by dismissing Cortellesso's appeal without determining whether the comprehensive permit application was substantially complete as of February 13, 2004.
2. Whether Cortellesso had standing to prosecute the SHAB appeal in his individual capacity after conveying his interest in the property to Hoxie Farms, LLC.
3. Whether SHAB's dismissal for lack of standing was arbitrary, capricious, clearly erroneous, or otherwise unlawful.

Disposition

affirmed