Planned Funeral Home Can Proceed

A funeral home proposed by Maceroni Inc. of North Providence for the property at 1770 Atwood Ave. can proceed, following a Rhode Island Supreme Court order issued Sept. 8.

Town Solicitor William Conley, during a phone interview on Sept. 14, confirmed that the Supreme Court upheld Superior Court Judge Susan McGuirl's ruling that the town's zoning board and town council correctly approved Maceroni's plan.

Neighbors Louis and Debra Calenda, of 1793 Atwood Ave., filed suit against the town , and in a Nov. 10, 2010, decision, McGuirl found that the town's decision "was not made upon unlawful procedure, affected by error of law, or clearly erroneous."

The Calendas then appealed the case to the Supreme Court, which on Sept. 8 confirmed McGuirl's decision.

(A copy of the Superior Court ruling is attached to this article.)

"Essentially, that's the end of the case," Conley said. "That project can go forward."

In an e-mail message sent Sept. 21, Maceroni president and owner Anthony W. Hamel said he would "defer comment on this issue until after the closing on the property."

Update: This article was updated on Sept. 22 with Mr. Hamel's e-mail comment, and the date of the Supreme Court's decision was corrected.