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· 7/28/2023

Green Development, LLC a/k/a Wind Energy Development, LLC v. Town of Exeter

Syllabus

The plaintiff, Green Development, LLC a/k/a Wind Energy Development, LLC (plaintiff) appealed from a judgment of the Superior Court in favor of the defendant, the Town of Exeter (defendant or the town), which upheld the town's decision to pause, and subsequently to amend, its zoning ordinance. The plaintiff argued on appeal that the trial justice erred in (1) upholding the town's decision to enact an emergency moratorium ordinance, pausing the town's review of the plaintiff's solar-field projects and (2) determining that the plaintiff's submissions for its solar-field projects did not vest pursuant to Rhode Island law.<br><br>The Supreme Court held that the trial justice properly determined that the plaintiff's solar-field submissions did not vest pursuant to Rhode Island law and that the town permissibly enacted its moratorium ordinance.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • using Martens’s understanding of “the law of nations” to inform Congress’s foreign-commerce power, and summarizing only domestic applications of that power
  • “It is ... a duty on the vessel.... It is a taxation of the master, as representative of the vessel and her cargo.”
  • “[JJudges are bound by the most solemn obligations to decide according to the law as they find it.”
  • “It is . . . a duty on the vessel . . . . It is a taxation of the master, as representative of the vessel and her cargo.”
  • “We are all citizens of the United States; and, as members of the same community, must have the right to pass and repass through every part of it without interruption, as freely as in our own states.”
  • invalidating tax on passengers from foreign ports

Source: CourtListener parenthetical corpus (CC0).

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