Holgate v. Zoning Bd. Of Review Of City Of Pawtucket., M. P. No. 888.

CourtUnited States State Supreme Court of Rhode Island
Writing for the CourtCAPOTOSTO, Justice.
Citation60 A.2d 732
Decision Date04 August 1948
Docket NumberM. P. No. 888.
PartiesHOLGATE v. ZONING BOARD OF REVIEW OF CITY OF PAWTUCKET.

60 A.2d 732

HOLGATE
v.
ZONING BOARD OF REVIEW OF CITY OF PAWTUCKET.

M. P. No. 888.

Supreme Court of Rhode Island.

Aug. 4, 1948.


Certiorari by George Holgate against the Zoning Board of Review of the City of Pawtucket to review denial of application for exception or variance under zoning ordinance.

Decision of Board reversed.

Francis Cappalli, of Providence, for petitioner.

J. Frederick Murphy, City Solicitor and Irwin Chernick, Asst. City Solicitor, both of Pawtucket, for respondent.

CAPOTOSTO, Justice.

This is a petition for certiorari to review the action of the zoning board of the city of Pawtucket, hereinafter called the board, in denying petitioner's application for an exception or variance under the zoning ordinance of that city. The writ issued and the board has made return of all records relating to the proceedings, among which are various plans and a stenographic report of the testimony given at a public hearing before the board.

It appears from those records and exhibits that the petitioner owns certain vacant land, identified as lots 124 and 125 on assessors' plat 45, situated at the southwest corner of Weeden and Coleman streets in a district zoned for dwelling houses. Together they have a frontage of approximately one hundred feet on each of said streets. To the south and east on the southerly side of Weeden street the lots are surrounded by other vacant land. In his application for permission to erect a gasoline filling station on his lots the petitioner stated that they could only be used for business purposes and that such use would be in harmony with the general character of the neighborhood.

At the hearing before the board the application was supported by a petition signed by sixteen persons who described themselves as owners of adjoining property. Petitioner and a person in the real estate business in Pawtucket testified, in substance, that if the application to use the land for a business purpose were denied, such denial would in effect completely deprive the applicant of all beneficial use of his land.

Testimony in favor of the application showed that petitioner's lots were only fit for a business use; that there were buildings in that immediate neighborhood from fifty to one hundred years old; that at least two dwellings on the northerly side of Weeden street and across from applicant's land were in a ‘dilapidated condition,’ one of which was ‘almost falling down’; and

60 A.2d 733

that if new dwellings were built on the land...

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3 practice notes
  • Milardo v. Coastal Resources Management Council of Rhode Island, No. 79-245-M
    • United States
    • United States State Supreme Court of Rhode Island
    • September 1, 1981
    ...them permissible exercises of the police power which did not require compensation. Holgate v. Zoning Board of Review, 74 R.I. 333, 60 A.2d 732 (1948); Horton v. Old Colony Bill Posting Co., 36 R.I. 507, 90 A. 822 (1914); Harrington v. Board of Aldermen, 20 R.I. 233, 38 A. 1 (1897); see Sund......
  • D. O. B. Properties, Inc. v. Bureau of Licenses of City of Providence, No. 1275
    • United States
    • United States State Supreme Court of Rhode Island
    • July 24, 1959
    ...of the police power. Tillotson v. City Council, 61 R.I. 293, 295, 200 A. 767; Holgate v. Zoning Board of Review, 74 R.I. 333, 336, 60 A.2d 732. It is undoubtedly true that the bureau is vested with broad powers by the state enabling act and the pertinent city ordinance. However, it is equal......
  • Denelle v. Zoning Bd. of Review of City of Pawtucket, No. 1268
    • United States
    • United States State Supreme Court of Rhode Island
    • July 17, 1959
    ...as the board may establish in accordance with the intent of section 26.6 of the ordinance. Holgate v. Zoning Board of Review, 74 R.I. 333, 60 A.2d 732. In all the circumstances we are of the further opinion that the board abused its discretion in not granting such The petition for certiorar......
3 cases
  • Milardo v. Coastal Resources Management Council of Rhode Island, No. 79-245-M
    • United States
    • United States State Supreme Court of Rhode Island
    • September 1, 1981
    ...them permissible exercises of the police power which did not require compensation. Holgate v. Zoning Board of Review, 74 R.I. 333, 60 A.2d 732 (1948); Horton v. Old Colony Bill Posting Co., 36 R.I. 507, 90 A. 822 (1914); Harrington v. Board of Aldermen, 20 R.I. 233, 38 A. 1 (1897); see Sund......
  • D. O. B. Properties, Inc. v. Bureau of Licenses of City of Providence, No. 1275
    • United States
    • United States State Supreme Court of Rhode Island
    • July 24, 1959
    ...of the police power. Tillotson v. City Council, 61 R.I. 293, 295, 200 A. 767; Holgate v. Zoning Board of Review, 74 R.I. 333, 336, 60 A.2d 732. It is undoubtedly true that the bureau is vested with broad powers by the state enabling act and the pertinent city ordinance. However, it is equal......
  • Denelle v. Zoning Bd. of Review of City of Pawtucket, No. 1268
    • United States
    • United States State Supreme Court of Rhode Island
    • July 17, 1959
    ...as the board may establish in accordance with the intent of section 26.6 of the ordinance. Holgate v. Zoning Board of Review, 74 R.I. 333, 60 A.2d 732. In all the circumstances we are of the further opinion that the board abused its discretion in not granting such The petition for certiorar......

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