Freepoint Solar LLC v. Richmond Zoning Board of Review

Syllabus

On review by way of certiorari, the Town of Richmond challenged a judgment of the Superior Court in favor of the plaintiff, Freepoint Solar LLC. The Superior Court had reversed a decision of the Town of Richmond Zoning Board of Review that denied Freepoint's application for a special-use permit to construct a solar energy system. The zoning board rejected Freepoint's application based on Town of Richmond Code of Ordinances § 18.34.030-A (May 15, 2018), a section of the ordinance governing special-use permits for solar energy systems that required that the entire lot on which the solar energy system was to be located be within two miles of a \utility substation.\ Freepoint identified an Amtrak substation that was within two miles of the site. The zoning board questioned whether Amtrak was a \utility\ within the meaning of § 18.34.030 A, or whether \utility substation\ should be limited to the relevant electrical utility, National Grid. Freepoint appealed to the Superior Court, which reversed the zoning board's decision, reasoning that the phrase \utility substation\ was unambiguous and that the zoning board erred by looking beyond the plain and ordinary meaning of § 18.34.030-A. The town sought review in the Supreme Court, maintaining that the phrase \utility substation\ was ambiguous. The Supreme Court disagreed, reasoning that the component words had plain and ordinary meanings, and that the phrase was not susceptible of more than one meaning. Accordingly, the Supreme Court held that the Superior Court did not err by finding that the zoning board decision was affected by error of law. Therefore, the Supreme Court affirmed the Superior Court judgment.