Parise v. Zoning Bd. of Review of City of Cranston, 1365
Decision Date | 21 March 1961 |
Docket Number | No. 1365,1365 |
Citation | 92 R.I. 338,168 A.2d 476 |
Parties | Caesar PARISE et al. v. ZONING BOARD OF REVIEW OF the CITY OF CRANSTON. M. P. |
Court | Rhode Island Supreme Court |
Aram A. Arabian, Providence, for petitioners.
Charles A. Kelley, City Sol. for City of Cranston, Adler, Pollock & Sheehan, Bernard R. Pollock, Norman Jay Bolotow, Providence, for respondent.
This is a petition for certiorari to review the action of the zoning board of review of the city of Cranston in granting a variance to Apartments, Inc. to permit the construction of garden type apartments on lot 135 on assessor's plat 9 and lot 779 on assessor's plat 11 in a residence B district. The board granted the variance on the ground of 'unnecessary hardship to the owner of the property' if it was restricted to residential development in accordance with the ordinance.
The petitioners were remonstrants at the hearing on the application before the board. Among other contentions which they make here against the board's decision is one that the applicant lacks legal standing to seek relief from the board on the ground of hardship because it is not the owner of the land in question. In support of such contention they cite Tripp v. Zoning Board of Review, 84 R.I. 262, 123 A.2d 144, 147.
In that case we held 'that hardship within the meaning of the statute cannot be incurred by a person who is without some right, title or interest in the property to which the application relates.' And we based such holding on the state of the record which we summarized as follows at page 266, 123 A.2d at page 147 of our opinion:
In the case at bar the record is substantially the same. It appears therefrom that the...
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A.F. Homes, LLC v. Ward, C.A. No. PC 09-1145 (R.I. Super 3/8/2010)
...(1968); Staller v. Cranston Zoning Bd. of Review, 100 R.I. 340, 340-41, 215 A.2d 418, 419 (1965); Parise v. Zoning Bd. of Review of Cranston, 92 R.I. 338, 339-40, 168 A.2d 476, 476-77 (1961). Mere holders of options to purchase do not have a sufficient interest, while a party who has contra......
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