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SMITHFIELD VOTERS v. LaGRECA

No. 99-557-M.P.

755 A.2d 126 (2000)

SMITHFIELD VOTERS FOR RESPONSIBLE DEVELOPMENT, INC. v. Alberto J. LaGRECA, Jr., et al. W/S Smithfield Associates, LLC (Intervenor)

Supreme Court of Rhode Island.

June 19, 2000.

Attorney(s) appearing for the Case

Nancy Giorgi, Andrew M. Teitz, for Smithfield Voters,

Lauren E. Jones, Carl B. Lisa, Robert G. Branca, Jr., Providence, and David L. Krech, for W/S Smithfield Associates.

Walter J. Kane, Harrisville, Edmund L. Alves, Jr. Providence, for Alberto LaGreca.

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

OPINION

FLANDERS, Justice.

Can a nonprofit corporation whose members are municipal residents and local landowners qualify as an "association" under G.L. 1956 § 42-24-71 for the purpose of prosecuting an appeal to the Superior Court from a zoning amendment? For the reasons explicated below, we have answered this question in the negative.1 Therefore, we grant this petition for certiorari and quash the Superior Court's judgment...

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