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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Filed January 6, 2010 PROVIDENCE, SC. SUPERIOR COURT

SAND TRACE, LLC

: : v. : : RANDY ROSSI, in his capacity as the : Finance Director of the Town of : Smithfield; GEORGE D. MCKINNON, : ANTONIA S. FONSECA, S. JAMES : BUSAM, DAVID L. GREENE, PETER : FOGARTY, GORDON STROUPE, and : JOHN KOVOLSKI in their capacity as : Members of the Town of Smithfield : Zoning Board of Review; and GERI : DeANGELIS, in her capacity as the : Zoning Board of Review Clerk for the : Town of Smithfield : DECISION

C.A. No. PC-2009-1768

LANPHEAR, J. This case is before the Court on Plaintiff, Sand Trace, LLC's motions for a preliminary injunction or, in the alternative, a writ of mandamus. For the reasons stated herein, the Court denies Plaintiff's request for injunctive relief but grants Plaintiff's petition for a writ of mandamus. FACTS AND BACKGROUND The Plaintiff, Sand Trace, LLC ("Sand Trace"), is a private, for-profit real estate development company. (Pl.'s Mem. 3.) 1 It owns and seeks to develop property in Defendant, Town of Smithfield ("Smithfield" or "the Town.") (Pl.'s Mem. 3.) This controversy stems from the Town's Zoning Board of Review Clerk's refusal to accept Sand Trace's comprehensive permit application to build 300 housing units, 75 of which would be low or moderate income housing, on Assessor's Plat 46, Lot 10. (Pl.'s Mem. 3-4.)
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Plaintiff's memorandum, as referenced throughout this Decision, is dated August 7, 2009.

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The Rhode Island Low and Moderate Income Housing Act, G.L. 1956

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Rhode Island Law