9 Pettipaug, LLC v. Planning & Zoning Commission

Summary

The court held that a newspaper’s substantial circulation under the zoning-notice statute is determined by an availability-centered inquiry rather than by subscriber numbers alone. Because the publication contained news of general local interest, was available in print and online to Fenwick residents, and had long been used for Fenwick legal notices, the commission satisfied the statutory notice requirement. The plaintiffs’ appeal was therefore untimely, requiring dismissal.