Justia Rhode Island Supreme Court Opinion Summaries

A justice of the superior court found Defendant guilty of having violated section 16-93 of the Providence Code of Ordinances for allowing the emanation of loud music from his vehicle. The Supreme Court affirmed, holding (1) section 16-93 was not preempted by state law because it was not in direct conflict with state statutes regulating noise and also because it did not constitute an impermissible invasion of a field of regulation that was fully occupied by state law; (2) the statute was not unconstitutional for being impermissibly vague; and (3) the statute was not unconstitutional for being overly broad. View "State ex rel. City of Providence v. Auger " on Justia Law

Plaintiff North End Realty, a developer, filed a complaint in superior court seeking declaratory and injunctive relief against defendants, the town planner, finance director, and members of the town council of East Greenwich, after the town mandated that North End pay a $200,000 fee-in-lieu before it could record any subdivision approval it might receive from the planning board and begin to develop property. The hearing justice ruled that North End had failed to establish there was a likelihood of success of its claim and entered judgment in favor of defendants. On appeal, North End made several arguments, one of which was that the town did not have the requisite statutory authority to impose the fee-in-lieu. The Supreme Court vacated the judgment of the superior court, holding that the town may not legally impose a fee-in-lieu in the absence of enabling authority from the general assembly. Remanded with directions to issue an order enjoining the town from imposing, assessing, or collecting the fee-in-lieu. View "North End Realty, L.L.C. v. Mattos" on Justia Law

Three property owner companies filed with the planning board an application for a land development project on their property. The planning board denied the plaintiffs' application after members of the state advisory commission on historical cemeteries identified certain features on the plaintiffs' property as historical cemeteries and notified the town as to the existence of the cemeteries. Plaintiffs filed a complaint against the advisory commission in superior court seeking declaratory and injunctive relief. The trial court dismissed the action. One property owner (appellant) appealed, alleging that (1) the advisory commission exceeded its authority under R.I. Gen. Laws 23-18.3-1 by registering the features as historical cemeteries, (2) the advisory commission violated plaintiffs' procedural and substantive due process rights, and (3) the trial justice erred when he failed to recognize a slander of title claim against defendants. The Supreme Court affirmed, holding (1) the advisory commission's role is purely advisory and therefore it could not register the historical cemetery within the meaning of the statute or violate plaintiffs' due process rights, and (2) because plaintiffs did not suffer a pecuniary loss as a result of the advisory committee's actions, appellant failed to establish an essential element of its slander of title claim. View "Narragansett Improvement Co. v. Wheeler" on Justia Law

In 2001, the planning board of the town of East Greenwich granted final plan approval to plaintiff Carmine D'Ellena's proposed subdivision. In 2004, plaintiff's attorney requested a time extension, which the planning board granted. A condition to the extension was that plaintiff connect the development to a public water supply. In 2008, plaintiff filed a petition in the superior court, seeking declaratory and injunctive relief and asking the court to declare the board's decision regarding the extension null and void. In support of his petition, plaintiff alleged that the planning board (1) violated state law by amending a final decision without application for and notice to plaintiff, (2) violated the notice rules by failing to provide notice to the plaintiff of its action, and (3) violated the open meetings law by failing to provide notice. The superior court denied the petition. The Supreme Court affirmed, holding that plaintiff voluntarily relinquished and thereby waived whatever procedural and statutory rights were his regarding the 2004 board meeting when he took the action of telling his attorney that he agreed to add the condition of public water. View "D'Ellena v. Town of East Greenwich" on Justia Law

Defendants Charles and Nancy Rogers and plaintiff Shelter Harbor Conservation Society owned contiguous lots in the same subdivision. The Society filed a complaint for declaratory judgment and injunctive relief against the Rogerses and town officials after the town zoning official issued zoning certificates designating three of the Rogerses lots for single-family residences, alleging that the certificates were void because they were issued after a merger of the lots. The superior court eventually granted summary judgment to the Rogerses, finding the lots were unmerged pursuant to the merger provision of the zoning ordinance. The Society appealed, contending (1) the evidence contained divergent interpretations of the map depicting the Rogerses' lots, and therefore the trial justice therefore improperly weighed the evidence at the summary-judgment stage and a trial on the merits was necessary to resolve the issue; and (2) the trial justice erred when she stayed the Society's attempts to obtain discovery from the Rogerses. The Supreme Court affirmed, holding (1) as a matter of law, the map was unambiguous; and (2) the trial justice did not abuse her discretion in staying deposition notices that were not intended to obtain information relevant to the issue under consideration. View "The Shelter Harbor Conservation Society, Inc. v. Rogers, et al." on Justia Law

The issue for review by the Supreme Court was whether the Town of North Providence complied with the Rhode Island Zoning Enabling Act of 1991 when it amended the town's zoning ordinance in 1999. The zoning law in question dealt with the notice and hearing requirements for the adoption, repeal, and amendment of zoning ordinances. Plaintiff Generation Realty, LLC and several others owned or were prospective purchasers of land in North Providence. They brought suit against Defendants Kristen Catanzaro and other town officials, alleging that the town did not provide adequate notice of a public hearing on the 1999 amendments. Plaintiffs asserted that lack of such notice rendered the amendments null and void. The court ruled in favor of Plaintiffs. Upon review, the Supreme Court found that the ordinance at issue in this case was a "general amendment" under the Act, and as such, required only a public notice. The Court found that the lower court erred in deciding that the ordinance was specific, and therefore erred in ruling in favor of Plaintiffs. The Court remanded the case for further proceedings.

Petitioner Michael West sought to develop six two-family homes on land in a residential neighborhood. After gaining initial support for his proposal by the local zoning officer, the full zoning commission denied Petitionerâs plan. The Boardâs decision was later affirmed by the Board of Appeals and the Superior Court. Because Petitioner thought he was in compliance with the zoning ordinances, he challenged the Superior Courtâs interpretation of the zoning ordinance to the Supreme Court. Furthermore, Petitioner asked the Court to resolve what he perceived as a conflict between the zoning ordinance and the municipalityâs comprehensive plan. The Supreme Court found no error with the lower courtâs interpretation of the local zoning ordinance, nor did it find a conflict with the local zoning ordinances and the municipalityâs comprehensive plan. The Court affirmed the lower courtâs decision.