In an apparent final victory for local residents who for nearly four years have fought a developer’s plan to build a crematorium in the north end of Tiverton, the Rhode Island Supreme Court refused last month to review a lower court ruling issued a year ago that blocked the unpopular proposal.

In a two-sentence order issued May 30, the state Supreme Court denied Sakonnet Partners LLC’s request to review the Newport County Superior Court’s decision relating to the proposed project. The Superior Court’s decision, issued in July 2024, said Tiverton’s planning and zoning officials were justified in denying the developer’s request.

“The matter is officially over and the town prevailed,” said Tiverton town solicitor Michael Marcello, in an email referencing the most recent order.
Sakonnet Partners LLC, headed by Fall River funeral home director Jonathan Ferreira, originally approached the planning board with its proposal in December 2021 and ever since, community opposition has intensified.

A major concern of critics, and one cited by the planning board in its May 2023 denial of the application, was the impact on the health, safety and welfare of those living and working in the neighborhood.

When a subsequent ruling by the Tiverton zoning board of appeals in September 2023 upheld the planning board’s decision, Sakonnet Partners LLC appealed to the Newport County Superior Court, saying the crematorium use was permitted “by right” and the planning board exceeded its authority in denying the application.

In last year’s 22-page response, the Superior Court ruled that the planning board is not required to approve an application because it is a use permitted under the zoning ordinance. The decision also referenced the company’s failure to deliver materials to the planning board and to answer certain questions in a timely manner.

The Rhode Island Supreme Court is defined as the “state’s court of last resort” on the Rhode Island Judiciary’s homepage.