Chapter 306
2023 -- H 6060 SUBSTITUTE A
Enacted 06/24/2023

A N   A C T
RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT

Introduced By: Representatives Shekarchi, Hull, Edwards, Cortvriend, Kazarian, and Blazejewski

Date Introduced: March 03, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 8-2 of the General Laws entitled "Superior Court" is hereby amended
by adding thereto the following section:
     8-2-40. Land use calendar -- Effective January 1, 2024.
     (a) Findings and declarations. The general assembly finds and declares that:
     (1) There are significant delays in the development permitting process in the State of Rhode
Island which results in lost opportunity for the needed development of housing units and
commercial development to neighboring states.
     (2) Contributing to the delay were lengthy administrative appeals to local and state boards
prior to appeals to superior court.
     (3) Previous legislation amended the appeal process in most cases to provide a direct right
of appeal to superior court.
     (4) Landowners, applicants, municipalities, and abutters are entitled to decisions with
respect to ordinances, regulations, decisions regarding property rights, and interests which that do
not require years of costly appeals and litigation.
     (4) There is a need for uniform treatment of such matters, and related matters which that
are statutorily provided with priority on the judicial calendar and expedited for decision.
     (b) Establishment. To accomplish this purpose in an effort to minimize delay in the
processing of land use matters in superior court, effective January 1, 2024, there shall be established
a separate calendar for the administration and determination of all land use matters.
     (c) Land use calendar. The presiding judge of the superior court shall create a land use
calendar in superior court and shall assign personnel to the extent warranted to exclusively hear
and decide all eligible land use matters, and the calendar shall be referred to as the “land use
calendar.” Cases eligible for the land use calendar shall include appeals under §§ 45-22.2-9.1, 45-
23-71, 45-23-72, 45-24-69, 45-24-71; 45-24.4-16, 45-24.6-9, 45-53-5; and 45-53-5.1. Any party
may request a conference to seek assignment to the land use calendar, and acceptance of any matter
in addition to the sections listed above shall be at the discretion of the judge(s) assigned to the
calendar.
     (d) Timing. All matters assigned to the land use calendar shall be expedited. All
memoranda from all interested parties in an appeal assigned to the calendar shall be completed
within sixty (60) days of the filing of the certified record. No continuances or postponements shall
be granted except for good cause shown. Such continuances as are necessary shall be granted for
the shortest practicable time.
     (e) Use of section. Under no circumstances shall any party be permitted to utilize this
section as a basis for dismissal of an action, as this section is enacted for the benefit and
convenience of the superior court.
     SECTION 2. This act shall take effect on January 1, 2024.
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LC002192/SUB A
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