(A)

Appeal of a zoning board of review decision.

(1)

A party aggrieved by a decision of the zoning board of review may file an appeal pursuant to R.I.G.L. §§ 45-24-69 and 45-24-69.1 in the Washington County superior court within twenty (20) days of the date the written decision was posted in the town clerk's office or recorded in the land evidence records.

(2)

The clerk of the zoning board of review shall file the original or certified copies of documents constituting the record of the case appealed from, together with such other facts as may be pertinent, with the clerk of the court within thirty (30) days after being served with the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board shall be made parties to the proceedings. The appellant shall be responsible for ordering and paying for the transcript of the public hearing.

(3)

An aggrieved party who files an appeal in the superior court shall give notice of the appeal to those persons who were entitled to notice of the hearing before the zoning board of review. The notice shall be sent by first class mail within ten (10) business days of the date the appeal was filed. The notice shall contain the date of the notice; the caption and civil action number of the case; the county in which the case was filed; the date the case was filed; the name, address, and telephone number of the attorney filing the appeal or of the aggrieved party. The notice shall state in boldface type that an appeal has been filed in the superior court, that the aggrieved party will serve the complain on the named defendants; that persons receiving the notice may retain counsel and participate in the appeal so far as the law allows; and that the appeal is governed by R.I.G.L. §§ 45-24-69 and 45-24-69.1. Within twenty (20) days after the notices are sent, the aggrieved party shall file an affidavit in the court containing the names and addresses of the person to whom the notice was sent; the date the notice was sent; an affirmation that the notices were sent by first class mail, postage prepaid, in envelopes containing a return address; and the return address; and a list of the notices that were returned to the sender. A copy of the notice shall be attached to the affidavit.

(B)

Appeal of enactment or amendment of the zoning ordinance.

(1)

An appeal of an enactment of or an amendment to a zoning ordinance may be takenpursuant to R.I.G.L. § 45-24-71 by filing a complaint in the Washington County superior court within thirty (30) days after the enactment or amendment became effective.

(2)

The appeal may be filed by an aggrieved party, by a legal resident of Hopkinton, by an owner of real property in Hopkinton, or by an association of residents or property owners in Hopkinton.

(3)

The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan or the manner in which it constitutes a taking of private property without just compensation.

(4)

The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

(Ch. 134, § 26, 12-19-94; Ch. 292, §(Exh. S), 12-4-23)