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TOWN OF JOHNSTON v. PEZZA

No. 96-408-Appeal.

723 A.2d 278 (1999)

TOWN OF JOHNSTON v. Leonard PEZZA et al.

Supreme Court of Rhode Island.

January 21, 1999.

Attorney(s) appearing for the Case

Patrick J. Dougherty, Providence, for plaintiff.

John B. Webster, Warwick, for defendant.

Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

OPINION

FLANDERS, Justice.

Revoking a building permit issued by his predecessor, a municipal building official decided that a proposed asphalt plant did not mix with applicable town ordinances. A Superior Court trial justice, however, concluded otherwise and found that, in revoking the permit, the new building official did not give the asphalt plant a fair shake. Because the asphalt-plant applicant failed to comply with applicable conditions precedent...

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