Justia Government & Administrative Law Opinion Summaries

Power Survey Company sought a writ of certiorari before the Supreme Court contending that the Public Utilities Commission improperly interpreted and applied the Contact Voltage Statute when it approved the portion of the Narragansett Electric Company’s (NEC) contact voltage program providing for the issuance of a request for proposal for the purpose of choosing a vendor to provide the technology for the NEC’s contact voltage testing. The Supreme Court issued the writ. Respondents, the NEC and the Division of Public Utilities and Carriers, moved to quash the writ on the grounds that it was not timely filed. The Supreme Court granted Respondents’ motions, holding that, under the facts of this case, Power Survey’s petition was untimely. View "In re Proceedings to Establish a Contact Voltage Detection & Repair Program" on Justia Law

After unsuccessfully seeking reimbursement from the State Commissioner of Elementary and Secondary Education, Plaintiffs, a school district and school department, filed a complaint in the superior court alleging that the Commissioner and State Treasurer were required to reimburse them for the salary, fringe benefits, and travel expenses of the directors and guidance counselors in their vocational-technical programs. The superior court dismissed the complaint, concluding that Plaintiffs had an adequate remedy at law and that the Commissioner’s decision to deny Plaintiffs reimbursement was discretionary in nature, rather than ministerial. Plaintiffs subsequently sought a writ of mandamus. The Supreme Court affirmed the judgment of the superior court, holding that Plaintiffs did not have a clear legal right to be reimbursed for certain costs associated with the operation of their career and technical centers. View "Chariho Reg'l Sch. Dist. v. Gist" on Justia Law

David Alba was appointed to serve as principal of an elementary school in Cranston, Rhode Island. Alba and the Cranston School Committee subsequently entered into an employment contract. Later, after a hearing, the Committee rejected a recommendation to renew Alba’s employment contract. Alba appealed the Committee’s decision. The Commissioner of Education denied and dismissed Alba’s appeal, concluding that Alba had received all the process to which he was entitled under the contract and the School Administrators’ Rights Act. The Board of Regents affirmed the Commissioner’s decision. The Supreme Court affirmed, holding (1) the Committee acted within its authority when it voted against the recommendation to renew Alba’s contract; and (2) the Committee’s nonrenewal of Alba’s contract did not deprive Alba of his rights under the Administrators’ Rights Act. View "Alba v. Cranston Sch. Comm." on Justia Law

Plaintiffs, school committees of Woonsocket and Pawtucket and unnamed students, parents, and the superintendents from both districts, brought suit against the legislative and executive branches of Rhode Island’s state government challenging the state’s school funding formula. Specifically, Plaintiffs alleged violations of the Education Clause as well as violations of their substantive due process and equal protection rights because the formula failed to allocate adequate resources to less affluent communities. The superior court granted Defendant’s motion to dismiss the complaint. The Supreme Court affirmed, holding (1) prior case law as well as the separation of powers doctrine warranted dismissal of Plaintiffs’ Education Clause claim; and (2) Plaintiffs’ complaint was insufficient to establish potential substantive due process claims. View "Woonsocket Sch. Comm. v. Chafee " on Justia Law

Plaintiffs, limited liability entities that owned property in the Town of Coventry, filed suit seeking declaratory and injunctive relief challenging the legality of sewer assessments assessed by Coventry. A hearing justice dismissed Plaintiffs’ complaint for their failure to follow the correct administrative appeal process. The Supreme Court vacated the judgment of the superior court dismissing Plaintiffs’ complaint, holding (1) the hearing justice erred in granting Defendants’ motion to dismiss on the grounds that Plaintiffs had not followed the R.I. Gen. Laws 44-5-26 tax appeal process, as section 44-5-26 did not apply in this case; and (2) the appeal process set forth in section 19 of Coventry’s sewer enabling act is the process by which residents of Coventry may appeal sewer assessments or charges levied by Coventry pursuant to its authority under the enabling act. View "Commerce Park Assocs. 1, LLC v. Houle" on Justia Law

Petitioner applied to the Town of Scituate building official for a building permit to build a single-family home on an unimproved lot. The building official denied the permit, citing numerous deficiencies with Petitioner's plans, including a lack of street frontage. Petitioner appealed the denial and, alternatively, applied for a dimensional variance. The town zoning board denied the appeal and the request for a dimensional variance. The superior court affirmed. The Supreme Court vacated the judgment of the superior court, concluding that the zoning board abused its discretion in determining that a frontage requirement was required for Petitioner's property. Remanded. View "Iadevaia v. Town of Scituate Zoning Bd. of Review" on Justia Law

The Providence School Board (Board) provided health insurance to active employees and retirees. In 2006, the Providence Teachers Union (Union) filed a grievance protesting a difference in the increase of premium costs for retirees compared with a more modest increase in premium costs for active employees. The Union argued that the Board's action violated three provisions of the collective bargaining agreement (CBA) between the board and the union. An arbitrator ruled in the Union's favor, concluding that the Board violated the CBA by failing to include retirees and active employees in a single group when it calculated the healthcare premium rates. The trial justice vacated the arbitration award, concluding (1) the Union did not have standing to pursue a grievance on behalf of retirees, and (2) the issue of the calculation of the group premium rate was not arbitrable. The Supreme Court affirmed, holding (1) pursuant to Arena v. City of Providence and City of Newport v. Local 1080, the Union could not pursue this grievance on behalf of the retirees; and (2) because the Union had no standing to pursue this particular grievance, the grievance was not arbitrable. View "Providence Sch. Bd. v. Providence Teachers Union, Local 958" on Justia Law

Before Decedent's death, the Department of Human Services (DHS) expended $94,162 in medical assistance payments on Decedent's behalf. Neither administratrixes of Decedent's estate notified DHS that Decedent's estate had commenced. More than three years after Decedent's death, DHS learned Decedent's estate had been opened and filed a claim out of time with the probate court, seeking reimbursement for the medical assistance payments it had paid on Decedent's behalf prior to her death. The probate court entered an order allowing the claim. The estate appealed, arguing that DHS's claim was time barred. The superior court concluded that DHS was not precluded under the statute of limitations from filing its claims for medical assistance payments and entered summary judgment in DHS's favor. The Supreme Court affirmed, holding that the statute of limitations was not triggered until the date DHS received notice that the state had been opened, and therefore, its claim was not time-barred. View "In re Estate of Manchester" on Justia Law

Plaintiffs sought permits from the City of Providence so they might restore electrical meters at the property they owned. The property was located in an area of the City that was zoned for no more than two-family dwelling units. The City conducted an inspection of the property, which revealed the property was being used as a three-family dwelling, and therefore, it was not in compliance with zoning ordinances. Plaintiffs filed an appeal of the City official's determination that their property was an illegal three-family dwelling. The zoning board affirmed. Plaintiffs appealed and sought a declaration that their use of the property was a legal nonconforming use. The trial justice denied relief. The Supreme Court affirmed, holding that the trial justice (1) did not abuse his discretion in declining to declare that Plaintiffs' property was a legal nonconforming use; (2) did not err in declining to apply the doctrine of equitable estoppel against the City; and (3) did not err in declining to allow Plaintiffs to rely upon the doctrine of laches as a basis for ruling that the City should not be permitted to enforce the provision of the zoning ordinance that prohibits using the property in a three-family manner. View "Cigarrilha v. City of Providence" on Justia Law

Plaintiff was a business agent for a labor organization that represented former employees of the public library. On June 30, the library terminated the employment of thirty-eight union employees. Plaintiff filed a complaint with the Department of Labor and Training (DLT)'s Division of Labor Standards, alleging that the library had failed to pay the employees vacation pay that the employees had accrued at the time of their termination. A hearing officer concluded that the employee's vacation time accrued on July 1 of each fiscal year, and because the employees were not employed on that date, they were not entitled to vacation pay. Plaintiff appealed, The superior court dismissed the complaint for lacking of jurisdiction, ruling that Plaintiff's complaint was untimely filed. The Supreme Court quashed the decision of the superior court and remanded, holding (1) Rule 6 of the Superior Court Rules of Civil Procedure applies to the superior court's review of administrative decisions; and (2) under Rule 6, Plaintiff's complaint would have been timely filed. Remanded. View "McAninch v. State Dep't of Labor and Training " on Justia Law