Commerce Park Assocs. 1, LLC v. Houle

Plaintiffs, limited liability entities that owned property in the Town of Coventry, filed suit seeking declaratory and injunctive relief challenging the legality of sewer assessments assessed by Coventry. A hearing justice dismissed Plaintiffs’ complaint for their failure to follow the correct administrative appeal process. The Supreme Court vacated the judgment of the superior court dismissing Plaintiffs’ complaint, holding (1) the hearing justice erred in granting Defendants’ motion to dismiss on the grounds that Plaintiffs had not followed the R.I. Gen. Laws 44-5-26 tax appeal process, as section 44-5-26 did not apply in this case; and (2) the appeal process set forth in section 19 of Coventry’s sewer enabling act is the process by which residents of Coventry may appeal sewer assessments or charges levied by Coventry pursuant to its authority under the enabling act. View "Commerce Park Assocs. 1, LLC v. Houle" on Justia Law