FRYZEL v. BERNSTEIN

No. 877-M.P.

259 A.2d 128 (1969)

Rudolph F. FRYZEL and Ruth E. Fryzel v. Harry BERNSTEIN, Chairman, Klaas Van Hof, Stephen B. Kirkwood, Antone Rocha, Edward F. DeArruda, and Thomas Gleeson, Members of Zoning Board of Review, Town of Portsmouth.

Supreme Court of Rhode Island.

December 5, 1969.


Attorney(s) appearing for the Case

Ralph D. Morrison, Newport, for petitioners.

Moore, Virgadamo, Boyle & Lynch, Salvatore L. Virgadamo, Newport, for respondents.


ORDER

Treating the petition for a writ of mandamus as an application for a writ of procedendo ad judicium, the application is granted and pursuant thereto the writ shall issue directing the Zoning Board of Review of the Town of Portsmouth to hold a hearing de novo forthwith on the merits herein and to give notice thereof and to proceed to render judgment therein as though an original application for a special exception to the Zoning Ordinance had been filed...

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