Justia Government & Administrative Law Opinion Summaries

The Supreme Court set aside the decision of the Rhode Island Office of the Attorney General denying Appellant's application to renew his concealed or open-carry license pursuant to R.I. Gen. Laws ch. 11-47-18(a), holding that the Attorney General's decision was not based on legally competent evidence.Police officers arrested Appellant for misdemeanor simple assault after an incident involving Appellant's firearm at his place of business. Based on this charge, the Attorney General revoked Appellant's license to carry concealed weapons. While the government eventually dismissed the charge against him Appellant's subsequent application to renew his concealed-carry license was denied by the Attorney General. The Supreme Court remanded the case, holding that there was no legally competent evidence to support the Attorney General's decision. View "Montaquila v. Neronha" on Justia Law

The Supreme Court dismissed the Episcopal Diocese or Rhode Island's challenge to an order of the Rhode Island Public Utilities Commission (PUC) that permitted the Narragansett Electric Company to charge the diocese for electricity transmission costs associated with a proposed solar development project on diocese property in Glocester, holding that the matter was moot.On appeal, the diocese argued that the PUC's order was unlawful and unreasonable for several reasons, including the assertion that the PUC subjected the diocese to a biased proceeding in violation of state law. After the Supreme Court remanded the matter to the PUC for consideration of newly discovered evidence Narragansett determined that the diocese was not subject to the challenged interconnection costs. The Supreme Court declined to address the merits of the diocese's appeal, holding that the matter was moot. View "In re Petition of the Episcopal Diocese of R.I. for Declaratory Judgment" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of Defendant, in her capacity as the Town of Lincoln's tax assessor, holding that Plaintiff was not entitled to relief on its claims of error.Plaintiff brought this action arguing that Defendant (1) illegally increased the value of Plaintiff's property in light of a solar energy development on a portion of Plaintiff's property for tax years 2019 and 2020, and (2) improperly created a new tax classification not recognized by R.I. Gen. Laws 44-5-11.8(b). The superior court granted judgment in favor of Defendant. The Supreme Court affirmed, holding (1) there was no error in including the presence of a solar energy development as an element of value assessed to real property; and (2) Plaintiff's claim that the tax assessor effectively created a new tax classification for property upon which a solar energy development is located, in contravention of R.I. Gen. Laws 44-5-11.8(b), was unpersuasive. View "Polseno Properties Management, LLC v. Keeble" on Justia Law

The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Plaintiff, Key Corporation, holding that Defendant, Greenville Public Library, was not entitled to relief on its two claims of error.Plaintiff filed a complaint seeing a declaratory judgment that Defendant violated the Access to Public Records Act (the APRA), R.I. Gen. Laws 1956 chapter 2 of title 38, and seeking an order directing Defendant to produce requested records pursuant to the APRA. Plaintiff argued that Defendant was a quasi-municipal corporation that received seventy percent of its funding from the Town of Smithfield and therefore was a "public body" or "agency" as defined by the APRA. The hearing justice determined that Defendant was a public body subject to the APRA and accordingly granted Plaintiff's motion for partial summary judgment. The Supreme Court affirmed, holding that the hearing justice (1) did not err in determining that Defendant was a public body; and (2) acted within his discretion in awarding fees and costs. View "Key Corp. v. Greenville Public Library" on Justia Law

The Supreme Court affirmed the decision of the Public Utilities Commission (PUC) denying the petition for a declaratory judgment filed by Block Island Power Company (BIPCo), holding that there were no grounds to overturn the PUC's decision.In 2009, the legislature enacted R.I. Gen. Laws 39-26.1-7 (the enabling act) authorizing the Town of New Shoreham Project. In 2017, BIPCo sought a declaratory judgment declaring that the enabling act required the costs for BIPCo's interconnection facilities and backup transformer to be socialized across all electric ratepayers in the state, not just those in the Town. The PUC issued a judgment against BIPCo. The Supreme Court affirmed, holding that the PUC's reading and application of the statute was without error. View "In re Block Island Power Co. Petition for Declaratory Judgment" on Justia Law

In this real property dispute, the Supreme Court affirmed the judgment of the superior court for Defendants following the court's grant of summary judgment in favor of Defendants, holding that the trial justice did not err in ruling that the disputed land was a paper street and in finding that Plaintiff had failed to exhaust his administrative remedies.Plaintiff filed this action seeking a declaratory judgment that certain property was a public road that ran to the boundary of Plaintiff's property and that Plaintiff had the right to use the full length of the property and the right of access to his property. The superior court granted summary judgment for Defendants. The Supreme Court affirmed, holding that Plaintiff failed to exhaust his administrative remedies. View "Davis v. Town of Exeter" on Justia Law

The Supreme Court affirmed the decision and judgment of the superior court affirming the decisions of the Rhode Island Coastal Resources Management Council (CRMC) denying the application of Champlin's Realty Associates to expand its marina on the Great Salt Pond in the Town of New Shoreham, holding that there was no error.The trial justice found there was sufficient evidence to support the CRMC's denial of Champlin's application to expand its marina and held that the CRMC had acted within its authority in denying the application. Champlin's and the CRMC later filed a motion seeking to incorporate and merge a joint memorandum of understanding (the MOU) purporting to serve as the CRMC's decision relative to this matter into a consent order of the Court. Certain entities (intervenors) and the attorney general contested the propriety of the purported settlement and the validity of the MOU. The superior court affirmed. The Supreme Court affirmed and denied the request by Champlin's and the CRMC to incorporate and merge the MOU into a consent order of the Supreme Court, holding that the remand justice erred in determining that the CRMC and Champlin's had authority to meditate. View "Champlin's Realty Associates v. Coastal Resources Management Council" 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 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