Justia Rhode Island Supreme Court Opinion Summaries

In this property dispute, the Supreme Court affirmed the judgment of the superior court in favor of Plaintiffs - Middle Creek Farm, LLC; Middlecreek, LLC; and Douglas and Catherine Politi - holding that the hearing justice did not err in partially granting Middle Creek Farm's motion for summary judgment in its declaratory judgment action.Middle Creek Farm brought this action seeking a declaration that Portsmouth Water & Fire District (PWFD) was required to provide water services to subdivision lots. The hearing justice decided that three sub-lots were entitled to water from PWFD and granted summary judgment as to those lots. The Supreme Court affirmed, holding (1) the superior court did not err in deciding that the sub-lots were within the district's coverage for distributing water; and (2) the hearing justice did not err when he denied PWFD's motion to dismiss for failure to join indispensable parties. View "Middle Creek Farm, LLC v. Portsmouth Water & Fire District" on Justia Law

The Supreme Court affirmed the partial judgment of the order of the superior court granting injunctive relief in favor of Plaintiff, Read's Landscape Construction, Inc., holding that the trial justice did not err.Plaintiff entered into a purchase and sale agreement to buy a one-acre parcel of property from Defendant, 4N Properties, LLC. Plaintiff later filed a complaint alleging that, during the transaction, Defendant committed fraud in the inducement and misrepresentation by altering a right of way and eliminating Plaintiff's ability to use the right of way. The trial justice granted summary judgment in favor of Plaintiff. Plaintiff then moved for injunctive relief. The trial justice found that Plaintiff met the standard for mandatory permanent injunctive relief and ordered Defendant to remove any impediments located on or adjacent to the right of way. The Supreme Court affirmed, holding (1) Plaintiff acquired an easement appurtenant over the right of way; and (2) the trial justice correctly issued a mandatory permanent injunction in favor of Plaintiff. View "Read's Landscape Construction, Inc. v. Town of West Warwick" on Justia Law

The Supreme Court affirmed the decree of the superior court foreclosing Defendants' rights of redemption in property purchased at a tax sale by Plaintiff, holding that there was no error in the proceedings below. As the result of nonpayment of taxes or fees, the City of East Providence sold Defendants' property to Plaintiff at a tax sale. Plaintiff subsequently filed a petition to foreclose Defendants' right of redemption. In their answer, Defendants argued that the tax sale was improper because the mortgagee was not given notice of the outstanding water bill that had triggered the tax sale. The hearing justice entered a final decree foreclosing all rights of redemption and vesting legal and equitable title to the property in Decathlon. The Supreme Court affirmed, holding that neither of Defendants' arguments on appeal satisfied the requirements for application of the constitutional exception to the raise-or-waive rule. View "Decathlon Investments v. Medeiros" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of Defendants - RISE Prep Mayoral Academy and the City of Woonsocket building inspector and zoning official - and dismissing the City's request for declaratory judgment, injunctive relief, and judicial aid in enforcement, holding that the superior court did not err.The City filed a complaint seeking a declaratory judgment that RISE's operation in a C-2, major commercial district, violated the City's zoning ordinance. The City also sought injunctive relief requesting judicial aid in enforcement of the City's zoning ordinance. The trial justice entered judgment for Defendants, concluding that the operation of RISE in a C-2 zoning district was permitted as a municipal use. The Supreme Court affirmed, holding that because RISE was a public school, its operation was a municipal use permitted in a C-2 zone under the City's zoning ordinance. View "City of Woonsocket v. RISE Prep Mayoral Academy" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of the Estate of Everett Joseph Hopkins in the Estate's action to declare a warranty deed null and void for failure of delivery, holding that the trial justice did not err or abuse her discretion.The trial justice determined that the warranty deed was void for failure of delivery because Everett did not intend to surrender control of and completely divest himself of title to the property. The trial justice further found that the deed was not accepted. The Supreme Court affirmed, holding that the trial justice properly determined that the executed warranty deed was void for failure of delivery and acceptance. View "Estate of Everett Joseph Hopkins v. Hopkins" on Justia Law

The Supreme Court affirmed in part and quashed in part the judgment of the superior court affirming a decision of the Town of Charlestown Zoning Board of Review denying a special-use permit and a dimensional variance, holding that there was insufficient evidence to support the denial of the special-use permit.New Castle Realty Company applied to the zoning board for a special-use permit and a dimensional variance to build a house and install a septic system on a preexisting nonconforming lot. The zoning board denied both requests. The Supreme Court affirmed in part and quashed in part the superior court's judgment, holding (1) substantial evidence did not exist in the record to support either the zoning board's decision to deny the special-use permit or the trial justice's ruling affirming the denial of the special-use permit; and (2) the trial justice correctly concluded that certain testimony was fatal to New Castle's request for a dimensional variance. View "New Castle Realty Co. v. Dreczko" on Justia Law

The Supreme Court affirmed the order of the superior court confirming the judicial foreclosure of Defendant's home in favor of Plaintiff, Ocwen Loan Servicing, LLC, holding that the superior court did not err.On appeal, Defendant argued that the trial justice erred by confirming the foreclosure sale because she had not been provided a copy of a notice of foreclosure counseling at least forty-five days prior to receiving the certified letter and that Plaintiff foreclosed the property without holding the note or the mortgage. The Supreme Court affirmed, holding (1) the trial justice did not err in confirming the judicial foreclosure sale; and (2) because Plaintiff had been assigned the mortgage prior to the foreclosure sale it did not need to hold the note in order to foreclose on the property. View "Ocwen Loan Servicing, LLC v. Medina" on Justia Law

The Supreme Court affirmed the judgment of the superior court entered in favor of Plaintiffs, Charles and Nicole Martin, on their claim for injunctive relief allowing them to access a common driveway for the purpose of entering and existing their property and enjoining Defendants, Glenn and Valerie Wilson, from interfering with such use, holding that the trial justice did not err.Specifically, the Supreme Court held that the trial justice (1) did not err by allowing parol evidence to be admitted; (2) neither overlooked nor misconceived material evidence in finding that Plaintiffs established an implied easement over the disputed section of the common driveway; and (3) did not err by finding that Defendants' counterclaims for declaratory judgment, trespass, and equitable relief were moot. View "Martin v. Wilson" on Justia Law

In this partition action, the Supreme Court vacated the judgment of the superior court ruling that Plaintiff's death terminated her interest in a joint tenancy, holding that R.I. Gen. Laws 34-15-12 abrogates the common law right of survivorship in a joint tenancy when an action for partition is pending.Plaintiff filed a partition action requesting that the superior court partition property she owned in a joint tenancy with Defendants. Defendants asserted counterclaims for unjust enrichment and breach of agreement. While the litigation was pending, Plaintiff died. Defendants moved to dismiss the partition action, asserting that Plaintiff's property interest had passed to the remaining joint tenants by operation of law upon Plaintiff's demise. The hearing justice granted the motion. The Supreme Court vacated the judgment, holding that Plaintiff's decease did not abate her action for partition, and therefore, the litigation remained pending. View "Butler v. Gavek" on Justia Law

In this foreclosure action, the Supreme Court affirmed in part and vacated in part the judgment of the superior court, holding that questions of disputed material facts existed regarding Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing that could not be resolved on a motion for judgment on the pleadings.Defendants, as mortgagees, caused a foreclosure sale to be conducted for certain property. Plaintiff was the successful bidder. Defendants were prepared to convey title to Plaintiff but when Defendants asserted that Plaintiff was liable for all costs that had accrued with respect to the property, but Plaintiff disputed this liability. Defendants then caused a foreclosure-of-bid letter to be sent to Plaintiff. Plaintiff brought this action alleging four counts. The superior court granted Defendants' motion for judgment on the pleadings. The Supreme Court affirmed the judgment as to the claim under the Unfair Trade Practice and Consumer Protection Act and otherwise vacated the judgment, holding that the district court erred in granting judgment on the pleadings as to the remaining counts. View "Premier Home Restoration, LLC v. Federal National Mortgage Ass'n" on Justia Law