ZONING & LAND USE - RHODE ISLAND

Gerald P. Zarrella Trust v. Town of Exeter

Supreme Court of Rhode Island - January 16, 2018 - A.3d - 2018 WL 444298

Landowner brought action against town, seeking a declaratory judgment that amendment to a statute rendered a prior injunction, which prohibited landowner from hosting commercial events on his farmland, a nullity.

The Superior Court entered judgment in favor of town. Landowner appealed.

The Supreme Court of Rhode Island held that landowner’s use of his farmland to host weddings for a fee was subject to town’s control.

Landowner’s use of his farmland to host weddings for a fee constituted a “nonagricultural” use under the Right to Farm Act, and therefore, was subject to town’s control; hosting weddings for a fee was an activity that fell outside the statutory definition of “agricultural operations.”



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