Justia Rhode Island Supreme Court Opinion Summaries

The plaintiffs, Robert and Etleva Stratoberdha, filed a lawsuit in Superior Court against Clements Properties, LLC, Robert P. Rucando, and officials from the Town of Portsmouth. They alleged that Clements Properties caused continuous trespass by creating an illegal drainage structure, Rucando failed to disclose flooding issues when selling the property, and the Town neglected to enforce ordinances. During the prolonged litigation, Etleva filed for divorce, and the Family Court issued orders related to the sale of the marital home and the settlement of the Superior Court action.The Family Court appointed a Commissioner to sell the marital home and authorized her to settle the Superior Court action. Robert did not appeal these orders. The Family Court later approved a settlement agreement where Clements Properties would buy the marital home for $870,000, and the Town would pay $75,000 in damages. The Family Court's orders and the settlement agreement were incorporated into the interlocutory decision pending entry of final judgment in the divorce case. Robert's appeal of this decision was dismissed as untimely.The Rhode Island Supreme Court reviewed the case and affirmed the Superior Court's order approving the settlement agreement. The Court held that the Family Court's orders were final and could not be challenged in the Superior Court. The Superior Court's approval of the settlement agreement was a ministerial act based on the Family Court's final decrees. The Court found no merit in Robert's arguments and concluded that the Superior Court properly relied on the Family Court's orders. View "Stratoberdhav. Clements Properties, LLC" on Justia Law

In this case, the plaintiffs, Kristina Urbonas and Arunas Aniukstis, purchased property at 5 Bowser Court in Newport, Rhode Island. The defendant, NRI 51 Kingston Partnership (NRI), acquired adjacent property at 51 Kingston Avenue. A dispute arose when NRI's representative, John Gullison, conducted renovations and removed part of the plaintiffs' cobblestone landing, claiming it encroached on NRI's property. Plaintiffs filed a lawsuit seeking a declaration of ownership over the disputed land based on the doctrine of acquiescence, adverse possession, and an easement by prescription.The Superior Court awarded title to the plaintiffs for the disputed land, finding that the plaintiffs had acquired the land through the doctrine of acquiescence. The court also granted title to other abutters of Bowser Court, even though they had not requested such relief. NRI appealed, arguing that the trial justice misapplied the doctrine of acquiescence and erred in awarding title to other abutters.The Rhode Island Supreme Court reviewed the case and found that the trial justice erred in granting relief to the other abutters who had not requested it. The court also determined that the doctrine of acquiescence was not applicable because the disputed boundary was not solely on the parties' adjoining lots but also bordered Bowser Court. However, the court found that the plaintiffs had established an easement by prescription over the five-foot strip of land, as they had used the walkway openly, continuously, and hostilely for the statutory period.The Rhode Island Supreme Court affirmed the Superior Court's judgment in part, recognizing the plaintiffs' easement by prescription, and vacated the part of the judgment granting relief to the other abutters. View "Urbonas v. Gullison" on Justia Law

Jacquelin Glassie filed a claim against the estate of her father, Donelson Glassie, alleging he breached a property settlement agreement by failing to adequately fund a trust established for her benefit. The executor of Donelson's estate, Paul Doucette, disallowed the claim, leading to a lawsuit in the Superior Court. After Jacquelin's death, her sister Alison, as executrix of Jacquelin's estate, continued the lawsuit. The Superior Court initially granted summary judgment for the estate, but the Rhode Island Supreme Court reversed, holding that the trustee of the trust, Wells Fargo, was the proper plaintiff. Wells Fargo then assigned its claims to Alison.A jury trial in the Superior Court resulted in a verdict for Alison, awarding her $1,164,138.43 in damages, which, with prejudgment interest, totaled $2,856,572.45. The jury also rejected the estate's counterclaim that Jacquelin had forfeited her interest under Donelson's will. The defendant, Doucette, filed a notice of appeal but failed to timely order the trial transcripts, leading Alison to move to dismiss the appeal.The Rhode Island Supreme Court reviewed the case after the Superior Court granted Alison's motion to dismiss the appeal due to Doucette's failure to timely order the transcripts and follow proper procedures for an extension. The Supreme Court affirmed the Superior Court's decision, finding no abuse of discretion. The Court emphasized that Doucette's reasons for the delay, including hopes for mediation and cost-saving, did not constitute excusable neglect. The Court noted the extensive litigation history and the trial justice's efforts to move the case forward, concluding that the deadlines were necessary and should be adhered to. View "Glassie v. Doucette" on Justia Law

The plaintiff, Jeanette Runey, filed a lawsuit against her neighbor, Wayne S. Faring, over a boundary dispute involving a shared driveway between their properties. The plaintiff owns property at 930 East Wallum Lake Road, while the defendant owns property at 860-900 East Wallum Lake Road. In 2019, the defendant initiated an action to determine ownership of the driveway, claiming easement by prescription, necessity, implication, and/or estoppel. The plaintiff counterclaimed for declaratory relief. In 2021, a Superior Court justice ruled in favor of the plaintiff, concluding that she had title to the disputed land, and the defendant did not. Neither party appealed this decision.The plaintiff then sought a preliminary injunction to remove the defendant’s personal property from the disputed land. The defendant opposed, claiming adverse possession. A different Superior Court justice denied the plaintiff’s motion for a preliminary injunction, finding that the plaintiff failed to establish a reasonable likelihood of success on the merits. The plaintiff appealed this decision.The Rhode Island Supreme Court reviewed the case and concluded that the Superior Court erred in dismissing the plaintiff’s appeal after it had been docketed in the Supreme Court. The Supreme Court noted that the proper method to seek review of the denial of a preliminary injunction is through a petition for writ of certiorari, not a direct appeal. Consequently, the Supreme Court denied and dismissed the plaintiff’s appeal.The Supreme Court also expressed concern over the motion justice’s disregard for the unappealed April 7, 2022 judgment, emphasizing the importance of res judicata, which bars the relitigation of issues that were or could have been tried in an earlier action. The case was remanded to the Superior Court for further proceedings consistent with these principles. View "Runey v. Faring" on Justia Law

The plaintiffs, Boyang Song and Travis McCune, own a unit at The 903 condominium complex in Providence, Rhode Island. They filed a lawsuit against Evan Lemoine and Stephen Rodio, the president and secretary of The 903 Condominium Owner’s Association, respectively. The dispute arose when the defendants failed to include the plaintiffs' specific agenda items in a special-meeting petition regarding gas metering and billing issues at the complex. The plaintiffs sought to address the malfunctioning gas timers and the board's decision to switch to a ratio utility billing system, which they argued conflicted with the complex’s governing documents and the Rhode Island Condominium Act.The Superior Court consolidated the plaintiffs' motion for a preliminary injunction with a trial on the merits. After a three-day nonjury trial, the Superior Court found in favor of the defendants. The trial justice determined that the notice of the special meeting sent by the board was insufficient but concluded that the plaintiffs' proposed meeting notice was improper because it did not set forth valid transactable business within the association’s authority. The court found for the defendants on count I of the verified complaint and later entered judgment in favor of the defendants on all counts of the plaintiffs' complaint, while dismissing the defendants' counterclaims.The Rhode Island Supreme Court reviewed the case and vacated the part of the Superior Court's judgment finding in favor of the defendants. The Supreme Court held that the plaintiffs had satisfied their obligation to obtain the requisite number of signatures for the special meeting and that their proposed notice complied with the statutory requirements. The court found that the trial justice overstepped by evaluating the merits of the plaintiffs' motions individually and granting relief not sought by the parties. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "Song v. Lemoine" on Justia Law

In the late 1980s, Ronald Koziol purchased property in Central Falls, Rhode Island, zoned for heavy industrial use. In 1992, the zoning changed to residential, making the existing automotive repair business a legal nonconforming use. In 2022, Koziol Firearms, Inc. was formed to operate a firearms business on the property. The City’s zoning official denied the request, stating the property was in a residential zone, requiring a use variance. The Zoning Board of Review denied the variance application, and the plaintiff appealed to the Superior Court, also seeking a declaratory judgment that the 1992 zoning amendment was invalid.The Superior Court denied the plaintiff’s motion to present additional evidence and dismissed the zoning appeal, finding the property had a viable use as an automotive repair business. The court dismissed the declaratory judgment count without prejudice, stating it lacked sufficient evidence to rule on the validity of the 1992 zoning amendment.The Rhode Island Supreme Court reviewed the case. The plaintiff argued the trial justice overlooked material evidence and that the zoning classification was in dispute. The City contended the case was moot, the plaintiff lacked standing, and the claim was barred by laches. The Supreme Court found the trial justice did not conduct necessary fact-finding for the declaratory judgment and remanded the case to the Superior Court for a new hearing to determine if the plaintiff should be granted declaratory relief. View "Koziol Firearms, Inc. v. Marchand" on Justia Law

Matthew Moriarty, the defendant, appealed a Superior Court order dismissing his amended counterclaim against Evoqua Water Technologies LLC and Neptune-Benson, LLC. Moriarty's counterclaim sought declaratory relief and tort damages, alleging violations of a non-compete agreement he signed in 2010 while employed by Neptune-Benson, Inc. (NBI). Evoqua acquired Neptune-Benson in 2016 and hired Moriarty in 2017. The plaintiffs sued Moriarty in 2018 for breaching the 2010 agreement, among other claims, and obtained a preliminary injunction in 2019 to enforce the agreement.The Superior Court dismissed Moriarty's counterclaim, citing the litigation privilege for statements made during judicial proceedings. Moriarty's counterclaim included claims for emotional distress, declaratory judgments, constructive discharge, misrepresentation, and interference with business relations, based on alleged false testimony by an Evoqua executive during the preliminary injunction hearing.The Rhode Island Supreme Court reviewed the case and affirmed the Superior Court's dismissal. The Court held that the litigation privilege protected the executive's testimony, barring Moriarty's claims for emotional distress, misrepresentation, and interference with business relations. The Court also found Moriarty's declaratory judgment claim moot, as the non-compete agreement had expired in 2020, and his constructive discharge claim failed to state a valid cause of action. The Court concluded that Moriarty did not demonstrate that his working conditions were so intolerable that a reasonable person would feel compelled to resign. Thus, the dismissal of Moriarty's amended counterclaim was upheld. View "Evoqua Water Technologies LLC v. Moriarty" on Justia Law

Alebia, Inc. (Alebia) is a Rhode Island corporation that owned a property at 284-286 Atwells Avenue, Providence. In September 2005, Carmela Natale and Walter Potenza, purported owners and shareholders of Alebia, executed a promissory note and mortgage in favor of Equity One Mortgage Company. The mortgage lacked a legal description of the property, but the loan proceeds were used to pay off prior mortgages and taxes on the property. The note was intended to be secured by the property, but Natale and Potenza signed the mortgage in their individual capacities instead of as corporate representatives of Alebia.In 2011, Deutsche Bank National Trust Company (Deutsche Bank), the current holder of the note, filed a complaint in Providence County Superior Court against Natale and Potenza for breach of contract and against Alebia seeking reformation of the mortgage. Deutsche Bank obtained a judgment against Natale and Potenza in 2017 but could not proceed against the property. In 2021, Deutsche Bank filed a motion to equitably reform the mortgage against Alebia. The Superior Court held remote evidentiary hearings and granted the motion, reforming the mortgage to reflect that Natale and Potenza signed as corporate representatives of Alebia.The Rhode Island Supreme Court reviewed the case. The court held that the Superior Court did not abuse its discretion in admitting testimony and evidence, including the promissory note. The court found sufficient evidence to support the reformation of the mortgage due to mutual mistake. The court also held that the mortgage could be reformed without reforming the note and that the remote hearings did not violate due process, despite the error in holding them remotely without consent. The Supreme Court affirmed the judgment of the Superior Court. View "Deutsche Bank National Trust Company v. Alebia, Inc." on Justia Law

The case involves a dispute over the possession of Touro Synagogue, the oldest active synagogue in the United States, located in Newport, Rhode Island. Congregation Shearith Israel (Shearith Israel) sought to evict Congregation Jeshuat Israel (Jeshuat Israel) from the synagogue. Shearith Israel sent a notice of termination to Jeshuat Israel, demanding they vacate the premises by February 1, 2023. Jeshuat Israel did not vacate, leading Shearith Israel to file an action for trespass and repossession by ejectment.The Rhode Island Superior Court ruled in favor of Shearith Israel, granting them the right to immediate possession of the property. Jeshuat Israel appealed, raising four arguments: the validity of the termination notice, the existence of a condition precedent in a 1945 agreement, the modification of a 1908 lease by the 1945 agreement, and the waiver of a defense by Shearith Israel.The Rhode Island Supreme Court reviewed the case. It found that the termination notice was valid and that the Superior Court had subject-matter jurisdiction. The court also determined that the 1945 agreement did not modify the lease to include a condition precedent requiring consultation before eviction. The agreement's requirement for consultation pertained only to matters of historical preservation and not to eviction actions. The court affirmed the Superior Court's judgment, granting Shearith Israel the right to take immediate possession of Touro Synagogue. View "Congregation Shearith Israel v. Congregation Jeshuat Israel" on Justia Law

Ms. Rajmonda Mile attended her daughter’s wedding at Kirkbrae Country Club on September 9, 2018, where she allegedly slipped and fell. She filed a lawsuit against Kirkbrae in Providence County Superior Court and requested any photographs or videotapes of the incident. Kirkbrae acknowledged possessing a surveillance video of the incident but claimed it was protected under attorney work product privilege, referencing the case Cabral v. Arruda.The Superior Court denied Ms. Mile’s motion to compel the production of the video, agreeing with Kirkbrae’s assertion that the video was protected under the work product doctrine. Ms. Mile then sought review from the Rhode Island Supreme Court, arguing that the video was actual evidence of the incident and not created in anticipation of litigation.The Rhode Island Supreme Court reviewed the case and determined that the video was not protected under the work product privilege because it was recorded by Kirkbrae’s surveillance system at the time of the incident and not at the request of an attorney. The court emphasized that the burden of proving the applicability of the work product privilege lies with the party seeking to withhold the evidence. Since Kirkbrae failed to meet this burden, the trial justice’s denial of the motion to compel was deemed an error.The Rhode Island Supreme Court quashed the Superior Court’s order and remanded the case for further proceedings consistent with its opinion, instructing the lower court to compel the production of the video. View "Mile v. Kirkbrae Country Club" on Justia Law