TOWN OF SMITHFIELD v. CHURCHILL & BANKS CO.

No. 2005-66-M.P.

924 A.2d 796 (2007)

TOWN OF SMITHFIELD v. CHURCHILL & BANKS COMPANIES, LLC, et al.

Supreme Court of Rhode Island.

June 22, 2007.


Attorney(s) appearing for the Case

Timothy Kane, Esq., Greenville, for Town of Smithfield.

Raymond A. Marcaccio, Esq., Providence, for Churchill Banks.

Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.


OPINION

Justice SUTTELL, for the Court.

We issued a writ of certiorari to review the State Housing Appeals Board's (SHAB) decision that the application for a comprehensive permit submitted by Churchill & Banks Companies, LLC (Churchill & Banks) under the Low and Moderate Income Housing Act, G.L.1956 chapter 53 of title 45, was, as of February 13, 2004, substantially complete by the terms of § 45-53-6(f)(1). "Substantial completeness" is an elusive...

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