Effective January 1, 2024, Rhode Island has a newly created Superior Court Land Use Calendar open for business. This specialized Calendar is designed to expedite judicial review of land use matters, including decisions of local boards with respect to special use permits, variances, and subdivision review. The Land Use Calendar is intended to avoid the lengthy delays that often accompany administrative appeals. Superior Court Justice Jeffrey Lanphear, who has presided over many complex land use matters during his twenty-year tenure on the bench, has been assigned to the Land Use Calendar.

The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances. That said, the justice assigned to this Calendar may opt to accept other types of land use matters on a case-by-case basis. Significantly, appeals from planning board decisions will no longer go to a zoning board but rather directly to the Superior Court, cutting out an often time-consuming and expensive intermediary step.

The establishment of the Land Use Calendar and the direct right of appeal from planning board decisions will impact developers, abutters, and everyone with an interest in land use matters. These changes are anticipated to reduce dramatically the amount of time necessary to resolve land use disputes in Rhode Island.

A party seeking special assignment of a case to the Land Use Calendar must file a motion requesting assignment to the Calendar. Pending cases and newly filed cases alike are eligible for assignment to the Calendar.

In a case assigned to the Land Use Calendar briefing and arguments must be submitted within sixty days of the filing of the certified record. The court will grant continuances only for good cause and will track compliance with the sixty-day deadline.

Hinckley Allen’s Land Use & Development team has the necessary expertise and capacity to assist our clients with matters assigned to the Land Use Calendar, and will continue to monitor any additional legislation affecting land use in the upcoming legislative session.