From Casetext: Smarter Legal Research

PRESCOTT v. RAO

Supreme Court of Rhode Island
Oct 31, 1974
113 R.I. 958 (R.I. 1974)

Opinion

M. P. No. 74-240.

October 31, 1974.

Pucci Goldin, Edward S. Goldin, Samuel A. Olevson, for petitioners.

Tillinghast, Collins Graham, Edward J. Regan, for respondents.


With respect to the proving of undue hardship, substantial deprivation of all beneficial use of one's property is not the standard to be used in determining whether one is entitled to a variance. The standard established is complete deprivation of all beneficial use. Smith v. Zoning Board of Review, 104 R.I. 1, 241 A.2d 288 (1968).

It is the judgment of the court that the instant petition for a writ of certiorari does not set forth any error by the Superior Court in the application of the proper standard, and it is therefore denied.


Summaries of

PRESCOTT v. RAO

Supreme Court of Rhode Island
Oct 31, 1974
113 R.I. 958 (R.I. 1974)
Case details for

PRESCOTT v. RAO

Case Details

Full title:GARY O. PRESCOTT et al. v. JOHN RAO, JR. et al

Court:Supreme Court of Rhode Island

Date published: Oct 31, 1974

Citations

113 R.I. 958 (R.I. 1974)

Citing Cases

Cambio v. Zoning Board of Review, City of Providence, 96-6365 (1997)

Accordingly, the Smith court determined that where the applicant, although arguing substantial deprivation of…