Nunes v. Zoning Bd. of Review of Town of Bristol, s. 1431

• Court: United States State Supreme Court of Rhode Island
• Citation: 93 R.I. 483,176 A.2d 721
• Docket Number: 1432,Nos. 1431,s. 1431
• Parties: Joseph P. NUNES et al. v. ZONING BOARD OF REVIEW OF TOWN OF BRISTOL et al. Gilberto FERREIRA et al. v. ZONING BOARD OF REVIEW OF TOWN OF BRISTOL et al. M. P.
• Decision Date: 12 January 1962

Page 721

176 A.2d 721 93 R.I. 483 Joseph P. NUNES et al.
v.
ZONING BOARD OF REVIEW OF TOWN OF BRISTOL et al.
Gilberto FERREIRA et al.
v.
ZONING BOARD OF REVIEW OF TOWN OF BRISTOL et al. M. P. Nos. 1431, 1432. Supreme Court of Rhode Island. Jan. 12, 1962.

[93 R.I. 484] Hugo L. Ricci, Providence, for petitioners Nunes et al.

Leo Patrick McGowan, Helen M. MacGregor, Providence, for petitioners Ferreira et al.

Frank L. Martin, Town Sol., for respondent.

[93 R.I. 483] PER CURIAM.

These are petitions for certiorari to review the action of the zoning board of review of the town of Bristol in granting the town a variance from the zoning ordinance for the purpose of building an addition to a fire station. In compliance with the writs, the pertinent records have been certified to this court. The petitioners contend that the board's decision is illegal and void and should be quashed.

At the hearing on the petitions before us the respondent town conceded that the decision was a nullity. In view of such concession we decided from the bench that there was no further justiciable controversy between the parties on the issue raised by the petitions and that the decision of the board should therefore be quashed.

Page 722

For the above reason only and without in any way intending to pass judgment on other contentions in the briefs of the parties, the petition in each cause is granted, the decision of the board is quashed, and the records certified [93 R.I. 484] are ordered returned to the board with our decision endorsed thereon.