Town of Tiverton v. Pelletier, No. N3/09-0238A, 2011 R.I. Super. LEXIS 131 (R.I. Sup. Ct. Oct. 7, 2011)

(defendants move to dismiss plaintiff's complaint charging defendants with manufacturing compost in violation of applicable zoning laws; activity occurred in R-80 district in town "composed of agricultural uses, low density residential areas and certain open spaces..."; ordinance does not refer to "compost," composing," or "manufacturing"; contradictory evidence presented concerning application of state Right-to-Farm Act; no precedent authority for court to rely on; dictionary definition of "compost"; evidence established that raw materials to make compost trucked in from off-site and that volume of various materials utilized to make compost compel conclusion that defendant engaged in manufacturing "compost" in violation of applicable ordinance; defendant's motion to dismiss denied).