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KILDUFF BROTHERS BUILDERS, INC. v. TOWN COUNCIL OF JOHNSTON

No. 82-177-M.P.

447 A.2d 1142 (1982)

KILDUFF BROTHERS BUILDERS, INC. v. TOWN COUNCIL OF the TOWN OF JOHNSTON et al.

Supreme Court of Rhode Island.

July 8, 1982.

Attorney(s) appearing for the Case

Roberts, Carroll, Feldstein & Tucker, Bruce G. Tucker, Providence, for plaintiff-respondent.

William H. Corrente, Asst. Town Sol., Johnston, for defendants-petitioners.

OPINION

PER CURIAM.

This is a zoning controversy which arises because the Johnston Town Council denied the application of Kilduff Brothers Builders, Inc. (Kilduff) to amend the town's zoning ordinance so that Kilduff could build on a 3.8-acre parcel four town houses. Each town house was to contain four dwelling units. The denial was appealed to the Superior Court, where the trial justice, relying upon the provisions of G.L. 1956 (1980 Reenactment) §...

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