Justia Rhode Island Supreme Court Opinion Summaries

Plaintiff filed a two-count declaratory judgment action seeking adjudication regarding its use of a roadway over Defendant’s abutting property. The trial justice issued a decision in favor of Plaintiff, concluding that Plaintiff had an easement or right-of-way over this roadway and that its use of the right-of-way was not limited to a specific use. Defendant appealed, arguing that the proposed use of the right-of-way by Plaintiff was an unreasonable extension of the use intended by the parties when the easement was originally created. The Supreme Court affirmed, holding that the trial justice was not clearly wrong when she concluded that there was no restriction on the use of the right-of-way. View "Plainfield Pike Development, LLC. v. Victor Anthony Properties, Inc." on Justia Law

After Wells Fargo foreclosed upon Plaintiff’s home, Plaintiff filed an amended complaint against Wells Fargo, asserting six causes of action. The superior court granted Wells Fargo’s motion for judgment as a matter of law on all six counts. The Supreme Court affirmed, holding (1) Plaintiff’s claim that Wells Fargo breached federal guidelines regarding loan modification review and improperly foreclosed on her home while her loan modification request was pending was not properly preserved for appeal; (2) Wells Fargo did not breach the covenant of good faith and fair dealing; and (3) the superior court justice did not err in finding that Plaintiff failed to meet the burden of proof on her claim that her reliance on the federal regulations should not have estopped Wells Fargo from foreclosing on the property. View "Miller v. Wells Fargo Bank, N.A." on Justia Law

Defendant owned a property on Arnold Street. Defendant executed a note in favor of Ameriquest Mortgage Company secured by a mortgage on the Arnold Street property. Plaintiff asserted that Ameriquest assigned the Arnold Street mortgage to Deutsche Bank. Plaintiff later commended this litigation seeking a declaratory judgment that the Arnold Street mortgage was a valid, perfected first-priority mortgage on the Arnold Street property and that full payment or satisfaction had not been received on the Arnold Street note. The motion justice granted summary judgment for Plaintiff. The Supreme Court affirmed, holding (1) contrary to Defendant’s contention, there was not a genuine dispute of material fact with respect to whether the Arnold Street note was endorsed; and (2) the Arnold street mortgage was validly assigned to Plaintiff. View "Deutsche Bank National Trust Co. v. McDonough" on Justia Law

The Supreme Court held that the trial justice did not err in finding that a 1909 Plat and Indenture did not reveal manifest intent to dedicate an over two-mile stretch of beach in the Misquamicut area of Westerly, Rhode Island to the public. The Court affirmed the trial court’s judgment in favor of the current beachfront landowners in the disputed area, holding that the trial justice did not err in finding that the evidence the State put forth - including the 1909 Plat and Indenture and and the extrinsic evidence - failed to demonstrate manifest intent by the Plattors to dedicate the beach area to the public. View "Kilmartin v. Barbuto" on Justia Law

The Zoning Officer for the Town of Hopkinton issued a notice of violation to Todd and Tina Sposato for being in violation of the Hopkinton Zoning Ordinance by having four alpacas on their property, which was located in an R-1 zone. The Zoning Board overturned the Zoning Officer’s ruling, concluding that alpacas are “domestic animals,” and therefore, keeping them on the property was a permitted use. Thereafter, the Zoning Board of Review of the Town of Hopkinton imposed four “conditions” on the Sposatos with respect to the continued presence of alpacas on the property. The fourth condition explicitly provided that “[t]he right to keep alpaca on this property does not run with the land; that is, if the [Sposatos] sell this property the next owners are not permitted to keep alpaca.” The superior court affirmed. The Supreme Court quashed the judgment of the superior court, holding that the last of the four conditions imposed upon the Sposatos by the Zoning Board was inconsistent with venerable and settled principles in the law of land use. View "Preston v. Zoning Board of Review of Town of Hopkinton" on Justia Law

In 2012, Bayal Restaurant Inc. entered into a lease agreement with the predecessor in interest to plaintiff to rent certain commercial property. Aly Diene (Defendant), in consideration of the lease, executed a personal guaranty. In 2013, title to the premises was conveyed to OSJ of Providence, LLC (Plaintiff). In conjunction with the conveyance, all rights of the seller were transferred to Plaintiff. After Bayal defaulted on the terms of the lease, Plaintiff demanded overdue rent, interest, and fees. When Plaintiff did not receive the full amount requested, Plaintiff filed a complaint for eviction for nonpayment of rent. The parties entered into a stipulated judgment, but Bayal failed to make any payments pursuant to the stipulated judgment. Thereafter, Plaintiff filed a complaint against Defendant for default on the guaranty. Summary judgment was entered in favor of Plaintiff as to Defendant’s liability under the guaranty. After a hearing, judgment was entered for Plaintiff in the amount of $37,760.04. The Supreme Court denied Defendant’s appeal, holding (1) Plaintiff’s claim was not time-barred; and (2) the hearing justice properly granted Plaintiff’s motion for summary judgment. View "OSJ of Providence, LLC v. Diene" on Justia Law

Plaintiffs filed a complaint asserting that Defendants had caused contaminants to flow onto their property. Plaintiffs then filed amended complaints asserting claims for continuing trespass, public and private nuisance, and federal and state environmental regulations. The jury rendered a verdict in favor of Plaintiffs. Plaintiffs, nonetheless, appealed from adverse rulings in Defendants’ favor. The Supreme Court affirmed in part and vacated in part the judgment of the superior court, holding (1) the trial justice erred when she impermissibly limited the testimony of Plaintiffs’ expert; and (2) the trial justice abused her discretion in imposing sanctions against Attorney Brian Wagner. Remanded for a new trial on all issues with the exception of the prayer for injunctive relief. View "Paolino v. Ferreira" on Justia Law

Kevin Sweet executed a promissory note to Richard Boucher secured by a mortgage on real estate. Sweet defaulted on the note, and Boucher commenced foreclosure proceedings on the real estate. After a foreclosure sale held at a public auction, Boucher purchased the property for $35,000. Boucher then brought an action to collect the deficiency on the note. The superior court granted summary judgment for Boucher in the amount of $55,532, plus interest, attorney’s fees, and costs. A second justice vacated the summary judgment and, upon rehearing, granted summary judgment for Boucher in the amount of $48,155, plus interest and attorney’s fees. Sweet appealed, arguing that the hearing justice erred by not considering Boucher’s failure to adhere to the terms of sale. The Supreme Court affirmed, holding that the hearing justice properly grand summary judgment because Sweet failed to produce evidence demonstrating the impropriety of the foreclosure sale. View "Boucher v. Sweet" on Justia Law

Plaintiff filed an application with the Coastal Resources Management Council (CRMC) seeking to expand his condominium unit. Defendants filed an objection to the proposal, asserting that Plaintiff did not own the property upon which he sought to expand his unit. CRMC denied the application. Plaintiff subsequently brought a complaint alleging slander of title and breach of contract and sought a declaratory judgment that he had the right to file his application with the CRMC. The trial justice granted summary judgment in favor of Defendants, concluding that Rhode Island’s anti-SLAPP statute protected them from liability for questioning Plaintiff’s ownership of the land in their communications with the CRMC. The Supreme Court affirmed. Defendants then filed a motion seeking attorney fees incurred in defending the anti-SLAPP judgment on appeal. The hearing justice awarded Defendants $8,924 in attorney’s fees in connection with the appeal. The Supreme Court affirmed the award of attorney's fees, holding (1) the issue of attorney’s fees was properly before the superior court; and (2) the superior court did not abuse his discretion in awarding attorney’s fees. View "Sisto v. America Condo. Ass’n, Inc." on Justia Law

Goat Island South Condominium (GIS) was comprised of three subcondominium residence areas - Harbor Houses Condominium (Harbor Houses), America Condominium (America), and Capella South Condominium (Capella). The Constellation Trust owned Unit 18 in Harbor Houses. Plaintiffs, America and Capella, filed an action against Defendants, the trustee of the Trust and Harbor Houses, seeking injunctive relief to bring a halt to the expansion of Unit 18 onto a limited common element. The trial justice concluded (1) Defendants were liable for breach of contract and for committing a common law trespass, (2) Plaintiffs’ allegation that Defendants breached restrictive covenants contained in the GIS Second Amended and Restated Declaration of Condominium (GIS SAR) was moot, and (3) Plaintiffs were not entitled to attorneys’ fees. The Supreme Court affirmed in part and vacated in part, holding (1) the trial justice erred in failing to award attorneys’ fees and costs to Plaintiffs based on the terms of the GIS SAR; and (2) the trial court did not otherwise err in its judgment. View "America Condo. Ass’n, Inc. v. Mardo" on Justia Law