Tillotson v. City Council of City of Cranston, 686.
| Decision Date | 16 July 1938 |
| Docket Number | No. 686.,686. |
| Citation | 200 A. 767 |
| Parties | TILLOTSON v. CITY COUNCIL OF CITY OF CRANSTON et al. |
| Court | Rhode Island Supreme Court |
Petition for writ of certiorari by Erna A. Tillotson against the City Council of the City of Cranston and others to secure a review of the decision of the City Council denying a permit for the erection of a gasoline filling station.
Record quashed.
James A. McGuirk and Frank L. Martin, both of Providence, for petitioner. Edward W. Day, of Providence, for respondent.
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This is a petition for a writ of certiorari to review the action of the city council of the city of Cranston denying a permit to the petitioner for the erection of a gasoline filling station at the corner of Brook and Cranston streets in that city.
It appears from the record certified here that the petitioner applied for such permit on November 19, 1937, in accordance with the provisions of chapter 174, sec. 94, subsections (h) and (i) of the ordinance of the city of Cranston enacted in pursuance of Public Laws 1929, chapter 1455. This application was referred to the building committee of the city council for consideration and investigation, with power to hold a hearing on such application.
A hearing was held by the committee on December 14, 1937, at which six persons appeared in opposition to the granting of the application, among whom was one who stressed the fact that the location designated in the application would prove a dangerous place for a gasoline filling station, because of the possible extension of Atwood avenue in that section, the establishing of a rotary and also because a trolley car switch was located very close to the applicant's lot.
The applicant was represented by counsel at the hearing and they spoke in favor of the application. No witnesses were sworn, and in general the hearing does not appear, from the very scanty record certified here, to have been conducted as a judicial inquiry but rather like a legislative hearing. At its close the committee convened in executive session and, without making any finding of fact or giving any reason why the application should be denied, voted to recommend to the city council that petitioner's application be denied and that she be given leave to withdraw it. On December 17, 1937, the city council at a regular meeting adopted the recommendation of the building committee and, also without stating any reason for so doing, formally denied the petitioner's application, whereupon she brought this petition for certiorari.
As grounds for her petition, the petitioner...
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