R.I. Lawyers Weekly Staff//February 19, 2026//
Solar array approval in North Kingstown upheld on appeal
(depositphotos.com)
R.I. Lawyers Weekly Staff//February 19, 2026//
A decision by the North Kingstown Planning Commission to approve the construction of a solar energy system has been upheld in Superior Court despite the argument of appellant abutters that the applicant did not apply for and was not granted relief from a town ordinance that prohibits residential roads from “normally” being extended to and used for access to industrial subdivisions.
“Appellants’ … argument raises North Kingstown Zoning Ordinance, Appendix A, Article 14, §14.2(c)(1), which concerns access to nonresidential subdivisions. Appellants argue that the Town erred when it granted approval of the Project because the only access to the Project site is through the residential Firwood Drive neighborhood, which they contend is prohibited by §14.2(c)(1),” Judge Jeffrey A. Lanphear noted.
“Notwithstanding, the Court is persuaded that the phrase ‘shall not normally’ provides the Commission with the discretion to approve the Project, as both the Applicant and the Town maintain,” he stated.
“Courts, contractors, and clergy are all very comfortable with unadulterated ‘shall nots,’ because they leave no room for misinterpretation — when a court, contract, or creed says a person shall not do a thing, the act is clearly forbidden,” he added.
“The North Kingstown Code of Ordinances does not say that residential roads ‘shall not’ be extended to or used as access for an industrial subdivision — it says they shall not normally be so extended or so used. The sensible interpretation of the word normally in this context is that although the use or extension of residential roads is not normally permissible, sometimes it is permissible. The Code of Ordinances doesn’t specify when that is, but if the situation is permissible at all, it would need to be the Commission (the factfinder and the entity which applies the appropriate law to the facts) which makes the determination. In the absence of an express standard to apply, the Court agrees this is left to the Commission’s reasonable discretion,” the judge wrote.
Lanphear noted that the appellants argued the project would result in industrial traffic through their neighborhood but that the commission had considered and addressed the concern in its decision.
“Whether it be solar panels or swimming pools, during construction[,] trucks, machinery, and equipment of all kinds must travel over residential roads. Such traffic will not become the ‘new normal,’ because once construction is complete, the industrial-type traffic will cease, and only minimal monthly traffic to ‘secure and maintain’ the site will be needed. … Thus, where a crisp ‘shall not’ provides the clarity of absolute prohibition, a discretionary standard permits all possibilities except major abuse. The Court finds no error of law or decision warranting reversal,” Lanphear concluded.
The 10-page decision is Supancic, et al. v. Grundy, et al., Lawyers Weekly No. 61-007-26.
Click here to read the full text of the opinion.
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