Justia Rhode Island Supreme Court Opinion Summaries

The Supreme Court affirmed the final judgment of the superior court in favor of Defendants - Jordan Realty and Smart Homes, LLC - and dismissing Plaintiff's complaint alleging that his due process rights were violated when Jordan Realty failed to include a "language assistance notice" with its petition to foreclose right of redemption to a specific parcel of real estate in Central Falls, holding that there was no error.In his complaint, Plaintiff argued that the "purported service" made upon him was defective because Jordan Realty had not caused to be served upon him the language assistance notice that he argued was required. The hearing justice granted summary judgment for Defendants, holding that Defendants had clearly complied with the notice requirements set forth in the tax sale statute. The Supreme Court affirmed, holding that the hearing justice did not err in granting summary judgment for Defendants. View "Suncar v. Jordan Realty" on Justia Law

The Supreme Court vacated the judgment of the superior court in favor of Defendant, the Fraternal Order of Police, Lodge 13 (the Union), in which the Court denied the Town of North Providence's petition to vacate an arbitration award and granted the Union's motion to confirm the award, holding that the arbitrator so imperfectly executed his authority that he did not provide a mutual, final, and definite award upon the subject matter, as required under R.I. Gen. Laws 28-9-18(a)(2).This action arose from a dispute between the Union and the Town regarding the effect of a collective bargaining agreement (CBA) governing the employment relationship between the Town and the Town's police officers. The arbitrator found in favor of the Union, and the superior court granted the Union's motion to confirm the award. The Supreme Court reversed, holding that the arbitrator's award failed to draw its essence from the contract, manifestly disregarded relevant portions of the CBA, and produced completely irrational results. View "Town of North Providence v. Fraternal Order of Police, Lodge 13" on Justia Law

The Supreme Court affirmed the judgment of the superior court convicting and committing Defendant for one count of second-degree murder and one count of first-degree child abuse, holding that there was no prejudicial error in this case.Specifically, the Supreme Court held that the trial justice (1) did not err in denying Defendant's motion to suppress the statement he made while at the police station after concluding that Defendant was not seized without probable cause prior to giving his statement; (2) did not err in denying Defendant's motion to dismiss all counts of the indictment as unconstitutionally vague; and (3) did not overlook or misconceive material evidence in denying Defendant's motion for new trial. View "State v. Jimenez" on Justia Law

The Supreme Court affirmed the judgment of the superior court denying and dismissing all claims in Plaintiffs' complaint challenging a contested amendment to the City of Providence Zoning Ordinance that would allow the construction of a new high-rise building in Providence's Knowledge District, holding that there was no error.Specifically, the Supreme Court held (1) henceforth, when the superior court reviews a case pursuant to R.I. Gen. Laws 45-24-71, review of that judgment must be sought in the Supreme Court through a petition for a writ of certiorari; (2) the hearing justice did not err in determining that Plaintiffs' evidence was insufficient to rebut the presumption of validity of the amendment; and (3) Plaintiffs were not entitled to relief on their remaining allegations of error. View "Peter Scotti & Associates, Inc. v. Yurdin" on Justia Law

The Supreme Court affirmed the order of the superior court entering final judgment in favor of Defendants - Forsons Realty, LLC, Ferrara Mechanical Services Inc., and Daniel Ferrara - and dismissing the complaint brought by the Town of Coventry stemming from the activities of an industrial enterprise conducting business on certain property, holding that there was no error.At issue on appeal was the trial justice's decision to allow heavy duty vehicle inspections to be performed on the property provided that certain conditions were adhered to and the justice's ruling that there had not been an impermissible expansion of a pre-existing legal nonconforming use, holding that the trial justice was neither clearly wrong nor did she overlook or misconceive material evidence in her judgment. View "Town of Coventry v. Forsons Realty LLC" on Justia Law

The Supreme Court affirmed in part and vacated in part the order of the superior court granting declaratory and injunctive relief in favor of Plaintiff in this action brought under the Law Enforcement Officers' Bill of Rights (LEOBOR), holding that remand was required for an order complying with the provisions of R.I. Gen. Laws 42-28.6-4 and restoration of Plaintiff's salary and benefits to the status quo ante.Plaintiff filed a complaint against the Rhode Island Commerce Corporation, the Rhode Island Airport Corporation and related defendants (collectively, Defendants) seeking a judgment declaring that she was entitled to the rights and benefits set forth under LEOBOR and seeking reinstatement to her position as the deputy chief of the Rhode Island Airport Police Department (RIAPD). The Supreme Court vacated the judgment in part, holding (1) Plaintiff was entitled to the protections granted to law enforcement officers in the LEOBOR statute; and (2) because Defendants terminated Plaintiff in violation of section 42-28.6-4(a) Plaintiff was entitled to all of the salary and benefits she would have received had she not been wrongfully terminated. View "Ricci v. R.I. Commerce Corp." on Justia Law

The Supreme Court quashed the portion of the superior court order granting partial summary judgment in favor of Plaintiffs as to liability against Westlo Management, LLC on counts one, two, three, and seven of Plaintiffs' third-amended complaint, holding that the record was inadequate for a determination of whether the hearing justice abused his discretion in granting the motion to intervene filed by The Rhode Island Commission for Human Rights.Plaintiff Curtis Andrade filed a charge of discrimination with the Commission. The Commission found probable cause that Defendants had violated Plaintiff's rights. Plaintiff then filed this action, after which the hearing justice granted the Commission's motion to intervene as a party plaintiff. The hearing justice granted Plaintiffs' motion for summary judgment on four counts against Westlo, finding that Westlo had discriminated against Plaintiff by denying him the reasonable accommodation of having his dog his residence. The Supreme Court vacated the decision below, holding that Westlo failed provide the Court with a proper transcript of the hearing on the Commission's motion to intervene this Court was unable to conduct a meaningful review of the superior court's decisions on the issue of the Commission's intervention. View "Andrade v. Westlo Management LLC" on Justia Law

The Supreme Court affirmed the judgments of the superior court finding Defendant to be in violation of the terms of his probation and sentencing him to serve portions of previously imposed suspended sentences, holding that Defendant was not entitled to relief on his allegations of error.On appeal, Defendant argued that there was insufficient evidence to support a finding that he violated his probation on the basis that he failed to keep the peace and be of good behavior. The Supreme Court affirmed, holding that the hearing justice's findings were more than adequate to support a conclusion that Defendant violated his probation. View "State v. Kenner" on Justia Law

The Supreme Court affirmed the decree of the family court terminating Father's parental rights to his two children pursuant to R.I. Gen. Laws 15-7-7(a)(3), holding that there was no error or abuse of discretion.On appeal, Father argued that a finding of unfitness was at odds with the evidence presented and that the Department of Children, Youth and Families did not make reasonable efforts toward reunification. The Supreme Court affirmed, holding (1) legally competent evidence existed to support the trial justice's findings as to parental unfitness; (2) the trial justice's conclusion on the issue of reasonable efforts to reunify was not clearly erroneous; and (3) there was no error either in the permanency hearing, as conducted by the trial justice, or in the subsequent decision. View "In re Jae'La G." on Justia Law

The Supreme Court affirmed the order of the Energy Facility Siting Board (the board or EFSB) concerning the relocation of power lines across the Providence and Seekonk Rivers, holding that Petitioners had standing and that review of the Board's decisions was timely.Petitioners in this case were the City of Providence, Friends of India Point Park, The Hilton Garden Inn, and The R.I. Seafood Festival. Petitioners sought review of a January 17, 2018 order in which the Board stated that the "bridge alignment north" and the "underground alignment" were not feasible but approved the "bridge alignment south." Respondents - EFSB, the City of East Providence, and National Grid - sought review of the order. The Supreme Court affirmed, holding (1) all Petitioners except for Hilton lacked standing in this matter; and (2) while the Board's order was deficient, the next preferred alignment was the bridge alignment south, and therefore, the order of the Board is upheld. View "In re Narragansett Electric Co." on Justia Law