Justia Rhode Island Supreme Court Opinion Summaries
Articles Posted in Real Estate & Property Law
Pelletier v. Laureanno
Plaintiffs Philip and Eileen Pelletier challenged a Superior Court judgment in favor of their neighbor Aphrodite Laureanno which dismissed their complaint for injunctive relief and monetary damages. The Pelletiers believed that a written and recorded agreement, entered into by the Pelletiers and Laureanno's predecessor-in-interest, created a permanent easement for parking on a small portion of Laureanno's adjacent property. Laureanno disagreed, and erected a fence, which served to obstruct the Pelletiers' long-standing parking there. After a trial on the merits, the trial justice concluded that the written agreement at issue did not grant an easement to the Pelletiers, but instead served merely as a revocable license. On appeal, the Pelletiers argued that the Superior Court erred in dismissing their complaint. Upon review, the Supreme Court concluded that the trial justice was justified in his assessment of Mrs. Pelletier's testimony regarding the parties' intent in executing the driveway agreement. Conferring the requisite substantial deference to the trial justice's credibility determination at issue, the Court did not find the trial court's assessment as arbitrary or in error. Accordingly, the Court affirmed the Superior Court's judgment. View "Pelletier v. Laureanno" on Justia Law
Posted in:
Real Estate & Property Law, Rhode Island Supreme Court
Town Houses at Bonnet Shores Condominium Association v. Langlois
Defendant Michael A. Langlois appealed a Superior Court's declaratory judgment entered in favor of Plaintiff Townhouses at Bonnet Shores Condominium Association. The judgment decreed that a lease agreement that Defendant had entered into violated the "Declaration of Condominium of Townhouses at Bonnet Shores Condominiums." Defendant asserted on appeal that the declaration was ambiguous and that, therefore, the trial justice incorrectly interpreted it to exclude the lease agreement. Upon review of the lease agreement in question, the Supreme Court concluded the trial justice did not incorrectly interpret the language, and affirmed that court's decision.
View "Town Houses at Bonnet Shores Condominium Association v. Langlois" on Justia Law
Reynolds v. Town of Jamestown
At issue in this case was a 1966 property division that created Lot 733, an undeveloped parcel owned by Plaintiffs. When Plaintiffs requested a zoning certificate from the zoning enforcement officer for the town, the officer refused based on his belief that Lot 733 resulted from an illegal subdivision in contravention of the town zoning and subdivision regulations in force in 1966. The zoning board dismissed Plaintiffs' appeal. Plaintiffs then filed suit requesting that the zoning board's decision be overturned and that the court declare that Lot 733 was a lawful lot. The trial justice determined that the 1966 property division that created the disputed lot was proper. Defendants, owners of property adjoining Lot 733, appealed, arguing that the property division constituted an illegal subdivision because it lacked adequate street access. The Supreme Court affirmed the superior court but on different grounds, holding that the creation of Lot 733 was not a subdivision. View "Reynolds v. Town of Jamestown" on Justia Law
Turacova v. DeThomas
Plaintiff Daniela Turacova and Ronald DeThomas (DeThomas) formed a limited liability company known as TAMA. After DeThomas passed away, a dispute arose regarding the buyout of his interest in TAMA. Because Plaintiff and Defendant, the Estate of DeThomas, were unable to agree upon the purchase price for DeThomas's fifty percent interest in TAMA, the superior court determined the fair market value of the property and construed several provisions of the TAMA operating agreement to fix the total amount that Plaintiff owed to the Estate. The superior court entered judgment in favor of Defendant in the amount of $658,573, including prejudgment interest. The Supreme Court affirmed, holding that the trial court did not err in (1) disregarding the language of the parties' settlement agreement indicating that Plaintiff would have thirty days from the date of the property was valued in which to pay Defendant, as the settlement agreement did not supersede the provision in the operating agreement concerning the time for payment; and (2) awarding prejudgment interest. View "Turacova v. DeThomas" on Justia Law
Warwick Sewer Auth. v. Carlone
The underlying action in this case concerned real property located in the City of Warwick that Defendant, Felix Carlone, dedicated to the City in 1979. Plaintiffs, Warwick Sewer Authority (WSA) and the City, brought a complaint for a declaratory judgment concerning the City's ownership of the property. The superior court granted summary judgment in favor of Plaintiffs. Defendant appealed, contending that he dedicated the property on the condition that it be used as open space, that he maintained a reversionary interest in it, and that, therefore, genuine issues of material facts should have precluded the hearing justice from granting summary judgment. The Supreme Court affirmed, holding (1) because no ambiguity existed on the face of the writings in this case, the parol evidence that Defendant presented rightly was not entertained by the hearing justice to vary the writings' terms; and (2) the property restrictions filed by Defendant with the City did not operate to restrict WSA from rezoning the dedicated land from open space to residential. View "Warwick Sewer Auth. v. Carlone" on Justia Law
DePetrillo v. Belo Holdings, Inc.
Plaintiff Thomas DePetrillo filed suit against Belo Holdings, Inc. and Citadel Broadcasting Company, challenging the validity of Citadel's right of first refusal to purchase a broadcasting tower and surrounding real estate owned by Belo. The superior court granted Defendants' motions for summary judgment, concluding that Plaintiff, as a stranger to the original lease agreement between Belo and Citadel, had no standing to challenge Citadel's right of first refusal or the effectiveness of its exercise. The Supreme Court affirmed, holding (1) Plaintiff lacked authority to challenge the validity of the right of first refusal; and (2) Citadel's right of first refusal was enforceable as a matter of law. View "DePetrillo v. Belo Holdings, Inc." on Justia Law
Alessi v. Bowen Court Condo.
Declarant Bowen Court Associates created a condominium by declaration in 1989. Declarant retained a ten-year reservation to withdraw a portion of the land from the condominium. In 1992 the owner of the property foreclosed on the property. Plaintiff Joseph Alessi later purchased the parcel. In 2001, Plaintiff sought to withdraw the parcel from the condomium, but the right to withdraw the parcel from the condominium had expired. Plaintiff then filed a complaint against Defendants, Bowen Court Condominium and the president of the condominium association, contending that Defendants erroneously refused to exclude withdrawable land from the condominium. After a hearing, the trial justice granted Defendants' motion for summary judgment, concluding that the right to exclude withdrawable real estate from a condominium after a foreclosure expires when the declarant's right to withdraw the real estate otherwise would have expired. The Supreme Court affirmed, holding that title to unexercised declarant rights passed to the unit owners' association as a matter of law in 1999, when the right to exclude the real estate expired. View "Alessi v. Bowen Court Condo." on Justia Law
Posted in:
Real Estate & Property Law, Rhode Island Supreme Court
Reagan v. City of Newport
This case arose out of a dispute over real property in the City of Newport. Plaintiffs, four individuals, filed an action to clear title to a portion of the Washington Street Extension. The trial court entered judgment in favor of Defendants, Newport and its representatives, concluding that statutory abandonment is the exclusive means by which a municipality may abandon a public highway. The Supreme Court affirmed the judgment of the superior court, holding (1) the Abandonment Statute is the only method by which a municipality may abandon a public highway; and (2) because the Abandonment Statute was not complied with, the trial court correctly found that Newport had not abandoned the Washington Street Extension. View "Reagan v. City of Newport" on Justia Law
Posted in:
Real Estate & Property Law, Rhode Island Supreme Court
Ims v. Audette
Trustee sought an order allowing him to remove the life tenant (Defendant) from property owned by the trust. The probate court issued an order in conformity with Trustee's petition after Defendant was defaulted for failing to appear. Defendant filed a complaint in superior court purportedly appealing from the decision of the probate court. The trial justice concluded that Defendant had failed to comply with the requirements for filing a claim of appeal from the probate court and granted Trustee's motion to dismiss. The Supreme Court affirmed, holding that the superior court lacked jurisdiction to entertain Defendant's appeal for failure to comply with every relevant provision of the statute governing appeals from the probate court, and therefore, the superior court did not err in its judgment. View "Ims v. Audette" on Justia Law
Medeiros v. Bankers Trust Co.
Because Property Owner failed to pay real estate taxes on his property, the Town held a tax sale of Property Owner's property. Buyer purchased the property after Property Owner defaulted on the action. The superior court subsequently granted Buyer's petition to foreclose Property Owner's right of redemption to the property. Subsequently, a judgment was entered declaring the prior tax sale void and vesting the property back to Property Owner. Property Owner then executed a warranty deed conveying the property to his Sister. Concurrently, a stipulation was entered as an order of the superior court vesting title in the property to Buyer. Thereafter, Property Owner and Sister filed the instant action, seeking a declaratory judgment invalidating the stipulation order. The superior court determined that Buyer was the proper record title holder of the property. The Supreme Court affirmed, holding that a superior court judgment cannot "re-vest" title to property back to a prior owner once that owner has been defaulted in a petition to foreclose his right of redemption and a final decree has been entered. View "Medeiros v. Bankers Trust Co." on Justia Law