Summary
The Rhode Island Supreme Court affirmed summary judgment against plaintiffs challenging an East Greenwich zoning ordinance amendment. The court held that the plaintiffs waived their arguments concerning when the ordinance became effective because they failed to present those arguments to the Superior Court. The court also noted that, absent contrary statutory or municipal language, an ordinance generally becomes effective upon passage.
Topics
Practice areas
Questions Presented
- Whether plaintiffs preserved their arguments concerning when the amended zoning ordinance became effective and when the thirty-day appeal period under Rhode Island General Laws § 45-24-71 began to run.
- Whether the Superior Court properly granted summary judgment because plaintiffs' zoning-ordinance appeal was untimely.
- Whether, absent express statutory or municipal language providing otherwise, a municipal ordinance amendment becomes effective upon passage.
Holdings
- Plaintiffs waived the arguments they presented on appeal because they failed to inform the Superior Court motion justice of the legal bases for their objection to summary judgment.
- The Superior Court's grant of summary judgment for defendants was affirmed.
- Absent express statutory language or a charter or ordinance provision designating another date or contingency, an ordinance amendment becomes effective on the date of passage.
Key quotations
“This Court reviews the granting of summary judgment de novo and applies the same standards as the motion justice.” (704)
“By failing to inform the motion justice of the legal bases for their objection to defendants' motions for summary judgment, plaintiffs have waived the arguments they now present to this Court.” (705)
“We stress the corollary, however, that both the state and various municipalities of this jurisdiction are free to assign, by positive enactment, a date or contingency other than the date of passage as the effective date of an ordinance amendment.” (706)
Factual background
Owners of East Greenwich property petitioned the Town Council to amend the zoning ordinance and rezone the property for a mixed office, commercial, and residential development. After public notice, a hearing, multiple council meetings, and consideration of negotiated conditions, the council passed the amended ordinance on October 26, 2004. A written version was posted in the town clerk's office on November 26, 2004, and plaintiffs filed their Superior Court challenge on December 14, 2004. Defendants moved for summary judgment because the complaint was filed after the thirty-day statutory appeal period had expired, and plaintiffs' written objection was not received by the motion justice before the hearing.
Procedural history
Two groups of East Greenwich residents filed separate Superior Court complaints challenging the zoning amendment; the actions were consolidated, and the related action was dismissed with prejudice. The remaining plaintiffs filed their complaint on December 14, 2004, nineteen days after expiration of the thirty-day appeal period in Rhode Island General Laws § 45-24-71. The Superior Court granted defendants' motions for summary judgment, and the Supreme Court affirmed.
Remand instructions
The record was remanded to the Superior Court after affirmance.