Title 8
Courts and Civil Procedure — Courts

Chapter 2
Superior Court

§ 8-2-40. Land use calendar.

(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 that do not require years of costly appeals and litigation.

(5) There is a need for uniform treatment of such matters, and related matters 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.