§ 45-24-69.1 - Appeals – Notice of appeals to superior court.
SECTION 45-24-69.1
§ 45-24-69.1 Appeals – Notice ofappeals to superior court. – (a) Whenever an aggrieved party appeals a decision of a zoning board of reviewto the superior court pursuant to the provisions of § 45-24-69, theaggrieved party shall also give notice of the appeal to those persons who wereentitled to notice of the hearing set by the zoning board of review. Thepersons entitled to notice are set forth and described in § 45-24-53.
(b) Notice of the appeal shall be mailed to those partiesdescribed in § 45-24-53 within ten (10) business days of the date that theappeal is filed in superior court not counting Saturdays, Sundays, or holidays.Notice shall be sent by first class mail, postage prepaid, and the cost of thenotice shall be borne by the aggrieved party filing the appeal in superiorcourt.
(c) The notice sent for an appeal to the superior court asdescribed in this section shall include and contain:
(1) The caption and civil action number of the case;
(2) The date the case was filed in the superior court;
(3) The county in which the appeal to superior court wasfiled;
(4) The name, address and telephone number of the attorneyfiling the appeal on behalf of the aggrieved party, or, the name, address, andtelephone number of the aggrieved party if the aggrieved party is notrepresented by counsel;
(5) Language in bold type notifying the person(s) receivingthe notice that an appeal has been filed in the superior court;
(6) Language indicating that the aggrieved party will servethe named defendants;
(7) Language indicating that the persons receiving the noticemay retain counsel and/or participate in the appeal insofar as the law allows;
(8) Language indicating that an appeal of a decision of azoning board to the superior court is governed by § 45-24-69 and thissection; and
(9) The date of the notice shall be contained on the notice.
(d) Within twenty (20) days after a notice as described inthis section is sent, the aggrieved party shall file an affidavit with thecourt indicating and/or containing:
(1) A complete list of all the names and addresses of theintended recipients of the notice of the hearing;
(2) The date the notice was sent;
(3) An affirmative statement verifying the notice was sent byfirst class mail, postage prepaid;
(4) An affirmative statement verifying that each notice wassent in an envelope containing a return address and indicating the returnaddress on the envelope;
(5) A statement identifying all notices that were returned tothe return address or not delivered for whatever reason and/or an affirmativestatement indicating that all other notices have not been returned as of thedate and time of the affidavit; and
(6) A copy of the form of the notice shall be attached to theaffidavit.