Cigarrilha v. City of Providence

Cecilia and Manuel Cigarrilha (plaintiffs) owned a three-family rental unit on property in Providence, Rhode Island. The unit on the property was constructed in 1911, and in 1923 the City of Providence (defendant) adopted its first zoning ordinance. The ordinance designated the area where the Cigarrilhas’ property was located as a low-density residential zone and only permitted single-family or two-family dwellings. According to the ordinance, any uses established before the ordinance’s 1923 enactment were deemed to be grandfathered in. In 2008, the Cigarrilhas requested permits from the city to restore electrical meters at the property. The city conducted an inspection of the property before issuing the permits and determined that the unit on the property was being used as a three-family dwelling in violation of the city’s zoning ordinance. The Cigarrilhas filed a complaint and motion for a temporary restraining order in superior court. The Cigarrilhas sought to enjoin the city from enforcing the ordinance codes. The Cigarrilhas also filed an appeal of the city’s determination that their property was an illegal three-family dwelling with the city’s zoning board of appeals. The zoning board affirmed the city’s determination. The Cigarrilhas amended their superior-court complaint to appeal the zoning board’s decision and to seek a declaration that their property was a legal nonconforming use. The trial judge found that the Cigarrilhas did not prove that their property was used as a three-family dwelling before the 1923 zoning ordinance and declined to declare the property constituted a legal nonconforming use. The Cigarrilhas appealed.