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· 5/13/2025

Koziol Firearms, Inc. v. Kevin Marchand, in his capacity as member of the Zoning Board of Review of the City of Central Falls, Rhode Island

Syllabus

The plaintiff corporation, Koziol Firearms, Inc., appealed from a May 20, 2024 final judgment of the Superior Court in favor of the defendants, which in part dismissed without prejudice the plaintiff corporation's request for declaratory relief concerning a zoning ordinance that it claimed had not been validly amended. On appeal, the plaintiff corporation contended, inter alia, that the trial justice overlooked and misconstrued material evidence in that he \erroneously limited his review of the record as to Count II of [the] Amended Complaint to the 'certified record' of the proceedings and hearing before [the] City of Central Falls Zoning Board of Review.\ The Supreme Court held that, because the trial justice did not undertake the fact-finding that would be necessary for him to be able to determine whether declaratory relief would be appropriate, the case should be remanded for a new hearing.

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