TITLE 45
Towns and cities

CHAPTER 45-24
Zoning Ordinances

SECTION 45-24-69.1


§ 45-24-69.1 Appeals – Notice of appeals to superior court.

(a) Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of § 45-24-69, the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in § 45-24-53.

(b) Notice of the appeal shall be mailed to those parties described in § 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.

(c) The notice sent for an appeal to the superior court as described in this section shall include and contain:

(1) The caption and civil action number of the case;

(2) The date the case was filed in the superior court;

(3) The county in which the appeal to superior court was filed;

(4) The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;

(5) Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;

(6) Language indicating that the aggrieved party will serve the named defendants;

(7) Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;

(8) Language indicating that an appeal of a decision of a zoning board to the superior court is governed by § 45-24-69 and this section; and

(9) The date of the notice shall be contained on the notice.

(d) Within twenty (20) days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:

(1) A complete list of all the names and addresses of the intended recipients of the notice of the hearing;

(2) The date the notice was sent;

(3) An affirmative statement verifying the notice was sent by first class mail, postage prepaid;

(4) An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;

(5) A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and

(6) A copy of the form of the notice shall be attached to the affidavit.

History of Section.
(P.L. 2001, ch. 209, § 2; P.L. 2004, ch. 578, § 1.)