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PAWTUCKET TRANSFER v. CITY OF PAWTUCKET

No. 2006-272-M.P.

944 A.2d 855 (2008)

PAWTUCKET TRANSFER OPERATIONS, LLC v. CITY OF PAWTUCKET et al.

Supreme Court of Rhode Island.

April 9, 2008.

Attorney(s) appearing for the Case

John B. Garry, Warwick, for Plaintiff.

Frank Milos, for Defendant.

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

OPINION

FLAHERTY, Justice.

As the old saying goes, "one man's trash is another man's treasure." In this certiorari petition, arising from a debate over rubbish, we must decide whether a construction and demolition (C & D) transfer station is an authorized use under § 410-12.5(I) of the Pawtucket Zoning Ordinance (zoning ordinance or ordinance). The City of Pawtucket Zoning Board of Review (zoning board or board) determined that such a refuse station...

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