| Chapter 307 |
| 2023 -- S 1053 SUBSTITUTE A Enacted 06/24/2023 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT |
Introduced By: Senators McKenney, and LaMountain |
| Date Introduced: May 19, 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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| LC002506/SUB A |
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