administrative finality bars a subsequent application doctrine (Rhode Island) · Go Syfert
← Rhode Island issues

administrative finality bars a subsequent application doctrine in Rhode Island

8 Rhode Island opinions name it 2 courts 1988–2011 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Audette v. Colettigreen
ri · 1988 · cited in 7 Rhode Island opinions naming this issue, 1998–2011
2 sentences

2011If the Board of Appeals "hears an application for relief and denies it, the doctrine of administrative finality bars a subsequent application for the same relief absent a showing of a change in material circumstances in the time intervening between the two applications." Audette v. Coletti 539 A.2d 520 , 521-522 (R.I. 1988).

2006See Audette v. Coletti, 539 A.2d 520 , 521-22 (R.I. 1988) ("Where a zoning board hears an application for relief and denies it, the doctrine of administrative finality bars a subsequent application for the same relief absent a showing of a change in material circumstances in the time intervening between the two applications.") (Emphasis added.) In this case the Board properly determined that the Applicant was seeking similar relief; namely, a three-bedroom residence with a two-car garage.

37
Johnston Ambulatory Surgical Associates, Ltd. v. Nolangreen
ri · 2000 · cited in 2 Rhode Island opinions naming this issue, 2005–2005
2 sentences

2005Our Supreme Court has stated that "[t]his rule places a burden on the applicant to identify the substantial changes since the prior application." Johnston Ambulatory Surgical Assocs. v. Nolan, 755 A.2d 799 , 811 (R.I. 2000).

2005As such, "the doctrine of administrative finality bars a subsequent application for the same relief absent a showing of a change in material circumstances in the time intervening between the two applications." Audette v. Coletti, 539 A.2d 520 , 521-22 (R.I. 1988) (citing Marks v. Zoning Bd. of Review of Providence, 98 R.I. 405 , 203 A.2d 761 (1964)); see also Johnson Ambulatory Surgical Assocs. v. Nolan, 755 A.2d 799 (R.I. 2000) (reaffirming administrative finality as bar to subsequent applications).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Marks v. Zoning Bd. of Review of City of Providence green
ri · 1964
2 sentences

2005"Where a zoning board hears an application for relief and denies it, the doctrine of administrative finality bars a subsequent application for the same relief absent a showing of a change in material circumstances in the time intervening between the two applications." Audette v. Coletti, 539 A.2d 520 , 521-22 (R.I. 1988) (citing Marks v. Zoning Bd. of Review of Providence, 98 R.I. 405 , 203 A.2d 761 (1964)).

2005"Where a zoning board hears an application for relief and denies it, the doctrine of administrative finality bars a subsequent application for the same relief absent a showing of a change in material circumstances in the time intervening between the two applications." Audette v. Coletti, 539 A.2d 520 , 521-22 (R.I. 1988) (citing Marks v. Zoning Bd. of Review of Providence, 98 R.I. 405 , 203 A.2d 761 (1964)).

31988–2005
Burke v. Zoning Board of Review green
ri · 1968
2 sentences

1998Audette v. Coletti, 539 A.2d 520 , 521-522 (R.I. 1988). "[A]n important goal in the administration of justice is repose." Id. at 522. "[T]he authority of a board to reverse a prior determination is a qualified one and is not to be exercised unless there has been a material change in the circumstances or conditions intervening between the two decisions." Burke v. Zoning Board of Review, 103 R.I. 404 , 408, 238 A.2d 50 , 53 (1968).

1998Audette v. Coletti, 539 A.2d 520 , 521-522 (R.I. 1988). "[A]n important goal in the administration of justice is repose." Id. at 522. "[T]he authority of a board to reverse a prior determination is a qualified one and is not to be exercised unless there has been a material change in the circumstances or conditions intervening between the two decisions." Burke v. Zoning Board of Review, 103 R.I. 404 , 408, 238 A.2d 50 , 53 (1968).

11998–1998

← Caselaw search · G Cite Topics · Brief Check