2023 -- H 6060 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT

     Introduced By: Representatives Shekarchi, Hull, Edwards, Cortvriend, Kazarian, and
Blazejewski

     Date Introduced: March 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 8-2 of the General Laws entitled "Superior Court" is hereby amended

by adding thereto the following section:

     8-2-40. Land use calendar -- Effective January 1, 2024.

     (a) Findings and declarations. The general assembly finds and declares that:

     (1) There are significant delays in the development permitting process in the State of Rhode

Island which results in lost opportunity for the needed development of housing units and

commercial development to neighboring states.

     (2) Contributing to the delay were lengthy administrative appeals to local and state boards

prior to appeals to superior court.

     (3) Previous legislation amended the appeal process in most cases to provide a direct right

of appeal to superior court.

     (4) Landowners, applicants, municipalities and abutters are entitled to decisions with

respect to ordinances, regulations, decisions regarding property rights and interests which do not

require years of costly appeals and litigation.

     (4) There is a need for uniform treatment of such matters, and related matters which are

statutorily provided with priority on the judicial calendar and expedited for decision.

     (b) Establishment. To accomplish this purpose in an effort to minimize delay in the

processing of land use matters in superior court, effective January 1, 2024, there shall be established

a separate calendar for the administration and determination of all land use matters.

     (c) Land use calendar. The presiding judge of the superior court shall create a land use

calendar in superior court and shall assign personnel to the extent warranted to exclusively hear

and decide all eligible land use matters, and the calendar shall be referred to as the “land use

calendar.” Cases eligible for the land use calendar shall include appeals under §§ 45-22.2-9.1, 45-

23-71, 45-23-72, 45-24-69, 45-24-71; 45-24.4-16, 45-24.6-9, 45-53-5; and 45-53-5.1. Any party

may request a conference to seek assignment to the land use calendar, and acceptance of any matter

in addition to the sections listed above shall be at the discretion of the judge(s) assigned to the

calendar.

     (d) Timing. All matters assigned to the land use calendar shall be expedited. All

memoranda from all interested parties in an appeal assigned to the calendar shall be completed

within sixty (60) days of the filing of the certified record. No continuances or postponements shall

be granted except for good cause shown. Such continuances as are necessary shall be granted for

the shortest practicable time.

     (e) Use of section. Under no circumstances shall any party be permitted to utilize this

section as a basis for dismissal of an action, as this section is enacted for the benefit and

convenience of the superior court.

     SECTION 2. This act shall take effect on January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT

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     This act would, effective January 1, 2024, establish a land use court within the superior

court.

     This act would take effect on January 1, 2024.

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