Sambo's of Rhode Island, Inc. v. McCanna
Decision Date | 04 March 1981 |
Docket Number | No. 78-293-M,78-293-M |
Citation | 431 A.2d 1192 |
Parties | SAMBO'S OF RHODE ISLAND, INC. v. Shirley McCANNA et al. P. |
Court | Rhode Island Supreme Court |
This case comes before us on petition for certiorari to review a decision of the Town Council of the Town of Warren limiting the hours during which the petitioner's restaurant might be open for business to the hours between 6 a. m. and 1 a. m. This decision was rendered on July 11, 1978. The petitioner, Sambo's of Rhode Island, Inc. (Sambo's), sought review in this court on July 28, 1978, and we issued the writ on September 21, 1978. The facts pertinent to this controversy are as follows.
Sambo's restaurant is located on Metacom Avenue in Warren, Rhode Island, a heavily traveled highway that is also known as Route 136. On June 10, 1977, Sambo's petitioned the Town Council of Warren for authorization pursuant to G.L. 1956 (1976 Reenactment) § 5-24-1(b) to be allowed to operate its restaurant twenty-four hours a day. A special hearing was held on August 9, 1977, following which the petition was granted.
On June 6, 1978, a petition was filed with the Warren Town Council on behalf of a group of residents and taxpayers who requested a public hearing in respect to the continuation of Sambo's additional hours of operation. Notice of the public hearing was given to the manager of the local Sambo's operation and to the regional manager of Sambo's. Notice was also given by publication. A public hearing was held July 11, 1978; and after hearing the testimony of various witnesses, the town council took the following action as recorded in the hearing transcript.
In support of its challenge to the action of the council, Sambo's raises several issues. However, since the first issue is dispositive of the case, it will be unnecessary to reach the other challenges posed. We have repeatedly said that a municipal board or council must, in its decision, set forth findings of fact and reasons for the action that it takes when acting in a quasi-judicial capacity. Eastern Scrap Services, Inc. v. Harty, 115 R.I. 260, 341 A.2d 718 (1975); Hooper v. Goldstein, 104 R.I. 32, 241 A.2d 809 (1968); Novak v. City Council of Pawtucket, 99 R.I. 41, 205 A.2d 589 (1964); Tillotson v. City Council of Cranston, 61 R.I. 293, 200 A. 767 (1938).
In Hooper, we passed upon a determination made by a municipal hearing board of the city of Providence. The ultimate findings of the board were tersely expressed in the form of conclusionary...
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...forth findings of fact and reasons for the action that it takes when acting in a quasi-judicial capacity." Sambo's of Rhode Island, Inc. v. McCanna, 431 A.2d 1192, 1193 (R.I.1981). In this case, the board's decision lacked any reasons explaining why it chose to uphold the building official'......
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...a vote. The determination must contain findings of fact which support the ultimate decision of the body." Sambo's of Rhode Island, Inc. v. McCanna, 431 A.2d 1192, 1194 (R.I. 1981). We may, "where appropriate, imply an ultimate finding from the action taken." Hooper v. Goldstein, 104 R.I. 32......
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