Anolik v. Zoning Bd. of Review of City of Newport

Defendants, the city zoning board of review and the members of that board voted at a February 23, 2009 meeting to approve a request for an extension of time in which to substantially complete certain improvements to property. The request was referenced in one of the items contained in the agenda posted with respect to the board’s meeting. Plaintiffs alleged that the agenda item violated the Rhode Island Open Meeting Act because it was a vague and indefinite notice to the public and one lacking in specificity. The superior court granted Defendants’ motion for summary judgment, finding that the agenda item provided sufficient notice and thus did not violate the Act. The Supreme Court vacated the judgment of the superior court, holding that the agenda item did not fairly inform the public of the nature of the business to be discussed or acted upon, and thus the agenda item did not comply with the standard established by the Act. Remanded for entry of summary judgment in favor of Plaintiffs with instructions that the action taken by the zoning board be declared null and void.

Anolik v. Zoning Bd. of Review of City of Newport