Justia Real Estate & Property Law Opinion Summaries

Plaintiffs filed a complaint asserting that Defendants had caused contaminants to flow onto their property. Plaintiffs then filed amended complaints asserting claims for continuing trespass, public and private nuisance, and federal and state environmental regulations. The jury rendered a verdict in favor of Plaintiffs. Plaintiffs, nonetheless, appealed from adverse rulings in Defendants’ favor. The Supreme Court affirmed in part and vacated in part the judgment of the superior court, holding (1) the trial justice erred when she impermissibly limited the testimony of Plaintiffs’ expert; and (2) the trial justice abused her discretion in imposing sanctions against Attorney Brian Wagner. Remanded for a new trial on all issues with the exception of the prayer for injunctive relief. View "Paolino v. Ferreira" on Justia Law

Kevin Sweet executed a promissory note to Richard Boucher secured by a mortgage on real estate. Sweet defaulted on the note, and Boucher commenced foreclosure proceedings on the real estate. After a foreclosure sale held at a public auction, Boucher purchased the property for $35,000. Boucher then brought an action to collect the deficiency on the note. The superior court granted summary judgment for Boucher in the amount of $55,532, plus interest, attorney’s fees, and costs. A second justice vacated the summary judgment and, upon rehearing, granted summary judgment for Boucher in the amount of $48,155, plus interest and attorney’s fees. Sweet appealed, arguing that the hearing justice erred by not considering Boucher’s failure to adhere to the terms of sale. The Supreme Court affirmed, holding that the hearing justice properly grand summary judgment because Sweet failed to produce evidence demonstrating the impropriety of the foreclosure sale. View "Boucher v. Sweet" on Justia Law

Plaintiff filed an application with the Coastal Resources Management Council (CRMC) seeking to expand his condominium unit. Defendants filed an objection to the proposal, asserting that Plaintiff did not own the property upon which he sought to expand his unit. CRMC denied the application. Plaintiff subsequently brought a complaint alleging slander of title and breach of contract and sought a declaratory judgment that he had the right to file his application with the CRMC. The trial justice granted summary judgment in favor of Defendants, concluding that Rhode Island’s anti-SLAPP statute protected them from liability for questioning Plaintiff’s ownership of the land in their communications with the CRMC. The Supreme Court affirmed. Defendants then filed a motion seeking attorney fees incurred in defending the anti-SLAPP judgment on appeal. The hearing justice awarded Defendants $8,924 in attorney’s fees in connection with the appeal. The Supreme Court affirmed the award of attorney's fees, holding (1) the issue of attorney’s fees was properly before the superior court; and (2) the superior court did not abuse his discretion in awarding attorney’s fees. View "Sisto v. America Condo. Ass’n, Inc." on Justia Law

Goat Island South Condominium (GIS) was comprised of three subcondominium residence areas - Harbor Houses Condominium (Harbor Houses), America Condominium (America), and Capella South Condominium (Capella). The Constellation Trust owned Unit 18 in Harbor Houses. Plaintiffs, America and Capella, filed an action against Defendants, the trustee of the Trust and Harbor Houses, seeking injunctive relief to bring a halt to the expansion of Unit 18 onto a limited common element. The trial justice concluded (1) Defendants were liable for breach of contract and for committing a common law trespass, (2) Plaintiffs’ allegation that Defendants breached restrictive covenants contained in the GIS Second Amended and Restated Declaration of Condominium (GIS SAR) was moot, and (3) Plaintiffs were not entitled to attorneys’ fees. The Supreme Court affirmed in part and vacated in part, holding (1) the trial justice erred in failing to award attorneys’ fees and costs to Plaintiffs based on the terms of the GIS SAR; and (2) the trial court did not otherwise err in its judgment. View "America Condo. Ass’n, Inc. v. Mardo" on Justia Law

Plaintiffs filed three petitions for relief from property tax assessments on their home for the tax years 2009 through 2011. The petitions and appeals were consolidated. The trial justice granted judgment in favor of Plaintiffs in all three appeals, concluding that Plaintiffs sustained their burden of proving that their property was overvalued by the tax assessor. The Supreme Court affirmed, holding (1) the trial justice did not err in determining that Plaintiffs met their burden of proving that the tax assessor’s valuation was above the fair market value; (2) there was sufficient evidence to support the trial justice’s valuation; and (3) the trial justice should have dismissed Plaintiffs’ third petition challenging their 2011 assessment based on Plaintiffs’ failure to timely file an account. Remanded. View "Whittemore v. Thompson" on Justia Law

Plaintiff owned several units in a waterfront luxury condominium complex when an incident involving a frozen water pipe and its diluvial aftermath caused extensive property damage to several of the units. Plaintiff filed a complaint against the owners of one condominium unit as well as several construction defendants, who were involved in building the condominium, alleging negligence and diminution of value of Plaintiff’s property. Final judgment was entered for all defendants. The Supreme Court affirmed, holding that Plaintiff could not recover loss-of-use damages during the time that the condominium units were under repair because Plaintiff conceded that it had not incurred any economic loss as a result of Defendants’ negligent conduct and because it failed to raise any claims that would allow recovery despite an absence of an economic loss. View "Newstone Dev., LLC v. East Pacific, LLC" on Justia Law

An East Providence zoning officer issued a notice of violation, finding violations of a use variance that was granted in 1998 to the owner and operator of a construction and demolition debris processing facility known as Pond View Recycling. The East Providence Zoning Board of Review upheld the notice of violation. The owner and operator of Pond View appealed. The superior court reversed, concluding that the zoning board’s decision was “clearly erroneous and made upon unlawful procedure.” The City of East Providence and the zoning board sought review. The Supreme Court quashed the judgment of the superior court and remanded the case with instructions to enter judgment for the City, holding that the zoning board’s findings of fact were not clearly erroneous, and therefore, the trial justice erred by reversing the decision of the zoning board. View "Kenlin Props., LLC v. City of East Providence" on Justia Law

Defendants defaulted on a loan. At the ensuing foreclosure proceedings, Plaintiff purchased the property securing the loan. Thereafter, Plaintiff filed a complaint against Defendants seeking to secure the resulting deficiency. Count 1 alleged breach of the promissory note against both defendants, and count 2 alleged a breach of guaranty against one defendant. Defendants counterclaimed. The trial justice granted summary judgment in favor of Plaintiff and dismissed the counterclaims. The trial justice then awarded Plaintiff attorney’s fees. The Supreme Court affirmed in part and vacated in part the superior court’s judgment, holding (1) the court correctly granted summary judgment in favor of Plaintiff on claims of the breach of promissory note and breach of guaranty, as well as its dismissal of Defendants’ counterclaims; but (2) the superior court erred in awarding Plaintiff attorney’s fees without considering the testimony or affidavit of independent counsel. View "Tri-Town Constr. Co. v. Commerce Park Assocs. 12, LLC" on Justia Law

In two consolidated actions, Edward Voccola (Mr. Voccola) sought to recover property which he alleged his daughter, Patricia, had wrongfully transferred. Patricia and her company, Red Fox Realty, LLC, were named as defendants. Mr. Voccola died during the pendency of the actions, and Mr. Voccola’s children, Barbara and Edward, in their capacities as co-executors of Mr. Voccola’s estate, were substituted as plaintiffs. The superior court entered final judgment in favor of Plaintiffs. The Supreme Court affirmed, holding that the trial justice did not err when she (1) concluded that Mr. Voccola’s signatures authorizing the transfer of the properties to Red Fox were not genuine; (2) determined that the transfer of Mr. Voccola’s properties was not a gift to Patricia; and (3) awarded Patricia $82,000 on her counterclaim. View "Voccola v. Forte" on Justia Law

Plaintiff purchased certain property at a tax sale and then filed a petition to foreclose tax lien seeking to foreclose Bank’s right of redemption with respect to the property. Bank did not timely file an answer after its receipt of the petition. Plaintiff subsequently filed a motion for entry of default and final decree and a motion for decree pro confesso. Thereafter, Bank filed a motion to file a late answer and its response to the petition, which contained an offer to redeem. The trial justice granted Bank’s motion to file a late answer and Bank’s request for redemption. The court then entered judgment allowing Bank and redeem the property and setting forth the amount of redemption. The Supreme Court vacated the judgment of the superior court, holding (1) Bank’s motion to file a late answer should have been denied because there was no good cause shown for Bank’s failure to comply with the deadline set out in the petition; and (2) accordingly, Bank was in default and should not have been permitted to redeem the property. View "Conley v. Fontaine" on Justia Law