Justia Civil Procedure Opinion Summaries

The plaintiffs, Louis Paolino and Marie E. Issa, own property in Cumberland, Rhode Island, adjacent to a site operated as an automobile recycling business. The neighboring property, owned by J.F. Realty, LLC and operated by LKQ Route 16 Used Auto Parts, Inc., was found to be contaminated. The Department of Environmental Management (DEM) required remediation, leading the defendants, Commonwealth Engineers & Consulting, Inc., to design a stormwater remediation system. Plaintiffs alleged that this system discharged contaminated water onto their property and encroached on it.In prior litigation, the plaintiffs sued the Ferreira defendants in state court for trespass due to contamination. The case was removed to federal court, where federal claims were dismissed, and state claims were remanded. A jury found encroachment but awarded only nominal damages. The plaintiffs sought injunctive relief, which was partially granted. On appeal, the Rhode Island Supreme Court affirmed the denial of injunctive relief for the encroachment, deeming it de minimis, but ordered a new trial on other issues. In a subsequent trial, the jury found no continuing trespass. Plaintiffs also pursued a Clean Water Act claim in federal court, which was dismissed after a bench trial.The Rhode Island Supreme Court reviewed the Superior Court's grant of summary judgment in favor of Commonwealth. The court affirmed the judgment, holding that the issues in the current case were precluded by collateral estoppel. The court found that the issue of contamination had been litigated and decided in prior state and federal actions, and the encroachment was previously determined to be de minimis. Thus, the plaintiffs were barred from relitigating these issues. View "Paolino v. Commonwealth Engineers & Consulting, Inc." on Justia Law

The plaintiff, Gail M. McCormick, filed a personal injury lawsuit against Narragansett Improvement Company, Inc. (NICO) for injuries she sustained in a motorcycle accident on May 29, 2010. McCormick alleged that she lost control of her motorcycle due to unguarded manhole covers on a road in Cranston, Rhode Island, which NICO was contracted to repair. NICO failed to respond to the lawsuit, and a default judgment was entered against them on November 18, 2011. However, NICO later sought to vacate the default judgment, arguing that they had not begun repairs on the road until after the accident occurred.The Superior Court granted NICO's motion to vacate the default judgment. The case proceeded to a seven-day jury trial in March 2022, which resulted in a verdict in favor of NICO. McCormick subsequently filed a motion for a new trial, which was denied by the trial justice.McCormick appealed to the Supreme Court of Rhode Island, arguing that the Superior Court erred in vacating the default judgment and in denying her motion for a new trial. The Supreme Court found that the Superior Court had abused its discretion in vacating the default judgment without requiring NICO to provide evidence explaining their failure to respond to the lawsuit. The Supreme Court therefore vacated the judgment of the Superior Court and remanded the case for a hearing on the assessment of damages. View "McCormick v. Narragansett Improvement Company, Inc." on Justia Law

This case involves a dispute over the will of the late Donelson C. Glassie. The plaintiff, Marcia Sallum Glassie, is the testator’s former wife. She appealed from a Superior Court judgment in favor of the defendant, Paul Doucette, in his capacity as Executor of the Estate of Donelson C. Glassie. The Superior Court affirmed an order of the Newport Probate Court denying the plaintiff’s petition for leave to file a claim out of time against the estate. The denied claim would have alleged a breach of contract, based on the plaintiff’s contention that a key provision of the testator’s will violated the terms of the couple’s property-settlement agreement.The plaintiff and the testator were married in 1986, had three children, and were divorced in 1993. According to their property-settlement agreement (PSA), the testator was to execute a will that would not only treat his obligations under the PSA as “a claim against any assets in [his] [e]state” but also “specifically bequest to [plaintiff] an amount equal to said obligations.” A dispute soon unfolded over what the PSA required of the testator’s will.In 2017, the Supreme Court of Rhode Island vacated the Superior Court judgment on multiple grounds. Relevant to the present appeal, the court determined “that the disputed provision in the will is ambiguous” because it “does not clearly specify under what circumstances plaintiff is to receive the sum of $2,000,000 or the circumstances under which she is to receive such other amount necessary to satisfy all of [the testator’s] remaining obligations.” Because “a proper resolution of this matter require[d] factfinding and conclusions of law with respect to [the] testator’s intent,” the court remanded the case to the Superior Court.Back in Superior Court, the plaintiff sought to amend her complaint with a claim for breach of contract. The Superior Court denied plaintiff’s motion to amend her complaint, in part because she did not first submit the claim to the probate court, and also because the applicable statute of limitations had expired. The plaintiff thereafter filed a petition in the Newport Probate Court for leave to file a claim out of time and, after the court denied her petition, she appealed that denial to the Superior Court.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court, concluding that the plaintiff’s failure to timely present her claim for breach of contract was not due to excusable neglect and, therefore, her claim must be denied. View "Glassie v. Doucette" on Justia Law

This case involves a medical negligence claim brought by John Armour, individually and as personal representative of the Estate of Judith Armour, against David Bader, M.D., Neil Brandon, M.D., and South County Hospital Healthcare System d.b.a. South County Cardiology. The plaintiff alleges that the defendants negligently failed to provide adequate follow-up and treatment to Judith Armour following a stress test, which ultimately led to her death from a heart attack the next day. The stress test results were "markedly abnormal" and indicated potential significant coronary artery disease, but Mrs. Armour was sent home after the staff determined she was medically stable.The case was tried in the Washington County Superior Court. The jury heard testimony from various witnesses, including the nurses, the defendant-doctors, Mrs. Armour’s family, and expert testimony from both sides regarding the applicable standard of care and causation. The jury returned a verdict in favor of the defendants on all counts. The plaintiff filed a motion for a new trial, arguing that the jury’s verdict was against the fair preponderance of the evidence and that the trial justice erred in several respects. The trial justice denied the motion, concluding that the overwhelming weight of the evidence supported the jury’s verdict.On appeal to the Supreme Court of Rhode Island, the plaintiff argued that the trial justice erred in refusing to issue a jury instruction based on a previous court decision, erred in permitting defendants’ standard-of-care expert to utilize the referring doctor’s records, and erred in limiting cross-examination of that expert regarding a particular study. The Supreme Court found that the trial justice's refusal to issue the requested jury instruction was prejudicial and constituted reversible error. The court also found that it was an error to allow the expert to use the referring physician’s records to support his opinions as defendants did not have access to this information when determining if Mrs. Armour was stable. Lastly, the court concluded it was an abuse of discretion to limit cross-examination on a point that went to the heart of the most important standard-of-care issue in the case. The judgment of the Superior Court was vacated and the case was remanded for a new trial. View "Armour v. Bader" on Justia Law

The case revolves around a major land development project proposed for multiple parcels of real estate in North Kingstown, Rhode Island. The project was approved by the North Kingstown Planning Commission in 2012. The North Kingstown Town Council amended the zoning ordinance to create a Compact Village District (CVD) zone, which included the developers' property. In 2017, the town council again amended the zoning ordinance for the town’s CVD zone, limiting commercial building coverage and providing a ratio of buildings on the property. The developers challenged the ordinance in federal court, alleging that their project had vested prior to the 2017 ordinance’s limitations. After mediation and settlement discussions, a proposed consent judgment was prepared. The town council approved the consent judgment and the planning commission approved the developers’ preliminary plan for the project.The North Kingstown Zoning Board of Review upheld the planning commission's decision, concluding that the consent judgment recognized the developers’ vested rights and that the project was not bound by the subsequent 2017 zoning amendments. Rickey Thompson, a property owner within 200 feet of the project, filed an action in the Superior Court seeking a declaratory judgment that the town council was not authorized to enter into the consent judgment and that the planning commission should not have relied upon the terms of the consent judgment to review the developers’ application for preliminary plan approval.The Superior Court granted the defendants' motion for summary judgment, finding that Thompson had made an improper collateral attack on the consent judgment, as a nonparty, and that the town had the authority to enter into the agreement. Thompson appealed this decision.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court. The court found that Thompson, as a nonparty to the consent judgment, lacked the requisite standing to challenge the agreement and was thus barred from making a collateral attack on what is a valid, final judgment in federal court. The court also found that the town had the authority to enter into the agreement and the consent judgment did not illegally constrain the planning commission’s authority. The court rejected Thompson’s argument that the consent judgment illegally amended the town’s zoning ordinance. The court also found that Thompson's argument that the town and the developers engaged in contract zoning was not raised in Superior Court and was thus waived. View "Thompson v. Town of North Kingstown Zoning Board of Appeals" on Justia Law

The case involves Fuller Mill Realty, LLC (Fuller Mill) and the Rhode Island Department of Revenue Division of Taxation (the Division). Fuller Mill was part of the Rhode Island Historic Preservation Tax Credits Program, administered by the Division. Fuller Mill entered into an agreement with the Division in 2016 for a project. In 2018, the Division notified Fuller Mill that it had forfeited its rights to any historic tax credits for its project due to inactivity. After administrative proceedings and providing supplemental documentation, Fuller Mill's tax credits were reinstated. However, due to delays caused by the COVID-19 pandemic, the Division rescinded Fuller Mill's tax credits in 2020 for failing to complete the project by the agreed deadline. Fuller Mill requested an administrative hearing to challenge the rescission.The Division denied the request for a hearing, leading Fuller Mill to file an appeal in the District Court. The Division filed a motion to dismiss the appeal, arguing that Fuller Mill had waived its right to an administrative hearing and appeal in a stipulation of settlement and dismissal. The District Court denied the Division's motion to dismiss, leading the Division to file a petition for writ of certiorari, which was granted by the Supreme Court.The Supreme Court of Rhode Island found that the terms of the April 2021 stipulation were clear and unambiguous, stating that Fuller Mill had knowingly and voluntarily waived its right to an administrative hearing and to a District Court appeal. The court concluded that the hearing judge erred in denying the Division's motion to dismiss. The Supreme Court quashed the order of the District Court and remanded the case to the District Court with directions to dismiss the case. View "Fuller Mill Realty, LLC v. Department of Revenue" on Justia Law

A group of developers, collectively referred to as "The Preserve," entered into an agreement in 2011 to purchase land in Richmond, Rhode Island, with the intention of operating an outdoor shooting range and gun club. The town council and planning board initially supported the project, but a subsequent zoning ordinance amendment prohibited such uses. The Preserve was not notified of these changes. In 2016, a new zoning district was created, once again permitting indoor and outdoor shooting ranges. The Preserve claimed that the two-year delay caused substantial revenue loss. They also alleged that the town imposed arbitrary fees, delayed the approval process, and engaged in other discriminatory practices that increased their costs and hindered their development efforts.The Superior Court dismissed The Preserve's claims for violations of substantive due process, tortious interference with contract and prospective business advantages, civil liability for crimes and offenses, and a violation of the civil Racketeer Influenced and Corrupt Organizations (RICO) statute. The court found that the claims were either barred by the statute of limitations or failed to state a claim upon which relief could be granted.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court. The court held that the claims for civil liability for crimes and offenses and civil RICO were barred by a three-year statute of limitations because they were considered torts. The court also found that the statute of limitations was not tolled for the tortious interference claims, as the harm allegedly present was merely the consequence of separate and distinct acts that had occurred prior to the final approval of the land development for the resort. Therefore, all of The Preserve's claims were time-barred. View "The Preserve at Boulder Hills, LLC v. Kenyon" on Justia Law

The plaintiff, PennyMac Loan Services, LLC, a mortgage company, held a mortgage interest in a property in Coventry, Rhode Island. The mortgagor, Domenico Companatico, failed to pay 2018 fire district taxes, leading to a tax sale auction where the property was sold to Roosevelt Associates, RIGP. Roosevelt later filed a petition to foreclose any right of redemption, and the Superior Court clerk issued a citation notifying interested parties. The citation did not include a street address for the property. Despite receiving the citation, PennyMac failed to respond and was defaulted. A Superior Court justice entered a final decree foreclosing the right of redemption, and Roosevelt sold the property to Coventry Fire District 5-19, RIGP, which later sold it to Clarke Road Associates, RIGP.PennyMac filed an action to challenge the foreclosure decree, arguing that the citation failed to provide adequate notice, thus denying PennyMac its right to procedural due process. The parties filed cross-motions for summary judgment, and a second trial justice concluded that PennyMac had received adequate notice of the petition to foreclose all rights of redemption. The justice also found that the fire district taxes constituted a superior lien on the property and that PennyMac is statutorily barred from asserting a violation of the Uniform Voidable Transactions Act.The Supreme Court of Rhode Island affirmed the amended judgment of the Superior Court. The court found that the citation, despite lacking a street address, did not constitute a denial of due process. The court also concluded that PennyMac's claim under the Uniform Voidable Transactions Act was barred due to its failure to raise any objection during the foreclosure proceeding. Finally, the court determined that the recent U.S. Supreme Court decision in Tyler v. Hennepin County, Minnesota did not alter the outcome of this case. View "PennyMac Loan Services, LLC v. Roosevelt Associates, RIGP" on Justia Law

The case involves Wilmington Savings Fund Society, FSB DBA Christiana Trust as Trustee for HLSS Mortgage Master Trust, by PennyMac Loan Services, LLC (plaintiff), and Power Realty, RIGP a/k/a Power Realty Group, RIGP, Douglas H. Smith, and TMC Keywest LLC (defendants). The plaintiff, a mortgage company, failed to pay municipal taxes on a property in Coventry, Rhode Island, which it had obtained title to in 2016. As a result, the town conducted a tax-sale auction in 2019, and Power Realty acquired the property. Power Realty then filed a petition to foreclose any right of redemption, which was granted by the Superior Court. The plaintiff challenged the foreclosure decree, arguing that the notice of the petition was inadequate.The Superior Court had granted summary judgment in favor of the defendants, concluding that the plaintiff had received adequate notice of the petition to foreclose all rights of redemption. The plaintiff appealed this decision to the Supreme Court of Rhode Island.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court. The court found that the citation provided to the plaintiff contained all the necessary components required by law, including a description of the land, the name of the petitioner, and a statement of the nature of the petition. The court rejected the plaintiff's argument that the citation's failure to include the street address for the property deprived the plaintiff of meaningful notice. The court concluded that the plaintiff, a sophisticated mortgage company, could and should have investigated the matter further upon receipt of the citation. The court also found that the plaintiff's argument based on the U.S. Supreme Court's decision in Tyler v. Hennepin County, Minnesota did not alter the outcome of the case. View "Wilmington Savings Fund Society, FSB v. Power Realty, RIGP" on Justia Law

This case was brought before the Supreme Court of Rhode Island to resolve a dispute between neighbors over property views. The plaintiffs, Thomas Knudsen, Trustee, Ciara Ladnier, and Edward Knudsen, Trustees, own property that rests on a hill with a view of the Sakonnet River. The defendant, Dr. Gregory DeJean, owns property that borders the plaintiffs' property and sits downhill from it. In 1989, the parties' predecessors entered into a restrictive covenant agreeing to certain building height restrictions and land maintenance obligations to preserve the existing views. Over time, however, Dr. DeJean has allowed new landscaping and existing vegetation to grow, diminishing the plaintiffs' view.In response, the plaintiffs filed a lawsuit seeking a declaration of their rights to maintain the agreement and enjoy the water views, as well as an injunction restraining Dr. DeJean from violating the agreement. The Superior Court ruled in favor of the plaintiffs, granting them declaratory and injunctive relief. The court ordered Dr. DeJean to make a variety of changes to his property to restore the plaintiffs' view to the condition it was in as of 1989.Dr. DeJean appealed to the Supreme Court of Rhode Island, arguing that the lower court had erred in its interpretation of the agreement and in its application of the legal defense of laches. However, the Supreme Court affirmed the judgment of the Superior Court, finding that Dr. DeJean had violated the restrictive covenant and that the trial justice had not erred in dismissing his laches defense. Thus, Dr. DeJean was ordered to maintain his property in a way that preserved the plaintiffs' view. View "Knudsen v. DeJean" on Justia Law