Zoning Moratorium Building permits.

Byline: R.I. Lawyers Weekly Staff

Where the defendant town of Narragansett enacted an emergency ordinance placing a moratorium on processing new or incomplete building permit applications, the town's motion for summary judgment should be denied with respect to a count brought under the Narragansett Home Rule Charter, as a reasonable juror could find either way regarding the town's claim that there was an emergency justifying the ordinance, but allowed with respect to a substantive due process claim, as the town has presented legitimate government purposes that are rationally related to the ordinance.

"In this case about the timing of zoning restrictions and building permits in the fast-growing seaside town of Narragansett, Plaintiffs, 29 Sylvan, LLC and 33 Sylvan, LLC, have filed a Motion for Partial Summary Judgment as to Liability and for Entry of Separate and Final Judgment Against Defendants as to Liability ('Motion'), ECF No. 30, and Defendants, the Town of Narragansett ('the Town'), Christine Spagnoli, the Narragansett Finance Director, and Anthony L. Santilli, Jr., the Narragansett Building Official, have responded with their own Cross-Motion for Summary Judgment and Objection to Plaintiffs' Partial Motion for Summary Judgment ('Cross-Motion'), ECF No. 32. After a hearing and careful consideration of the written filings, for the following reasons, the Court denies Plaintiffs' Motion and grants in part and denies in part Defendants' Cross-Motion. What remains of Plaintiffs' case is one count for violation of the Narragansett Home Rule Charter. There is no longer a federal question so the case should and will be returned to state court from which it was removed.

" Plaintiffs' Complaint states claims under the Equal Protection clauses for both the U.S. Constitution (Count VII) and the R.I. Constitution (Count I); Substantive Due Process for both the U.S. Constitution (Count VI) and the R.I. Constitution (Count II); Procedural Due Process for both the U.S. Constitution (Count VIII) and the R.I. Constitution (Count III); Section 13(e) (Count IV); and Section 2-1-9 of the Narragansett Home Rule Charter (Count V).

"As a threshold matter, to have a successful 'class of one' claim under Equal Protection that is a 'differential treatment for reasons unique to him, rather than because of his membership in any group' the plaintiff must establish he 'has been intentionally treated differently from others similarly situated.'

"Plaintiffs contend...