Supreme Court of Rhode Island

Paul F. Lischio v. Zoning Board of Review of the Town of North Kingstown

March 21, 20032003 R.I. LEXIS 57

Summary

The court granted certiorari and quashed the Superior Court judgment affirming the denial of a dimensional variance for the petitioners’ landlocked lot. It held that the zoning board failed to make the required findings and that the lower court improperly evaluated the proposed use rather than the nature and extent of the requested dimensional relief. The evidence established that denial would leave the property without any reasonable alternative for a legally permitted beneficial use, requiring issuance of the variance.