Justia Real Estate & Property Law Opinion Summaries

The Supreme Court affirmed the judgment of the superior court reversing a decision of the Town of Richmond Zoning Board of Review that denied Plaintiff's application for a special-use permit to construct a solar energy system, holding that there was no error.On appeal, Plaintiff argued that the zoning board's decision was clearly erroneous arbitrary and capricious, and contrary to the law and the evidence. The superior court issued a decision in favor of Plaintiff, concluding that the zoning board decision was affected by an error of law. The Supreme Court affirmed, holding that the trial court did not err in finding that the zoning board decision was affected by error of law. View "Freepoint Solar LLC v. Richmond Zoning Board of Review" on Justia Law

The Supreme Court vacated the judgment of the superior court awarding Plaintiffs final judgment in the amount of $498,309, holding that the superior court erred in denying Plaintiffs' petition to compel purchase in fee.The Providence Public Buildings Authority acquired the development rights of sixty-seven acres of land owned by Plaintiffs. The trial justice denied Plaintiffs' petition for a petition to compel purchase, and the issue of damages proceeded to a jury-waived trial. After the court entered its judgment Plaintiffs appealed, arguing, inter alia, that the trial court erred in denying their petition to compel purchase in fee. The Supreme Court vacated the decision below, holding (1) Plaintiffs' petition to compel purchase in fee was timely filed and, therefore, the doctrine of laches did not apply; and (2) this case is remanded to the superior court with directions to enter an order compelling the taking in fee and for the valuation of a fee-simple interest in the land. View "Mitola v. Providence Public Buildings Authority" on Justia Law

The Supreme Court affirmed the judgment of the superior court awarding Plaintiffs attorneys' fees and costs in the amount of $25,472, holding that there was no error.Plaintiffs - America Condominium Association, Inc. and Capella South Condominium Association, Inc. - brought this action alleging that the Constellation Trust-2011 was expanding a certain unit onto limited common elements and thereby changing the unit's boundaries. The superior court entered final judgment for Plaintiffs on three counts and deemed the remaining count moot. The Supreme Court affirmed and remanded the case for the trial justice's valuation of the costs to be awarded, holding that the trial judge did not err in (1) awarding attorneys' fees and costs; and (2) deciding to discount the fees on fees award. View "America Condominium Ass'n v. Mardo" on Justia Law

The Supreme Court affirmed the judgment of the superior court dismissing Plaintiff's amended complaint in which she sought a writ of mandamus ordering the Town of Smithfield to remove several trees and plants that were planted on the Town's property by neighboring landowners, holding that there was no error.Plaintiff filed this complaint seeking an order directing the Town to remove all of the trees and plants that a Town resident had planted on the Town's property and without the Town's approval. The superior court dismissed the complaint, concluding that the Town did not have a ministerial duty to remove the trees and plants. The Supreme Court affirmed, holding that mandamus did not lie in this case. View "Nerney v. Town of Smithfield" on Justia Law

The Supreme Court affirmed the order of the district court denying Movants' motions to intervene in an action commenced by Verizon New England Inc. by way of appeal from a decision of the Tax Administrator for the State of Rhode Island, holding that the trial judge did not err.This appeal arose from Verizon's challenge to a final decision of the tax administrator that upheld an assessment of Verizon's tangible personal property (TPP) tax and denied Verizon's request for a lower assessment and a partial refund. Verizon appealed to the district court. The City of Pawtucket and the City of Cranston (collectively, Movants) moved to intervene as of right, claiming an interest in the TPP tax. The district court denied the motions. The Supreme Court affirmed, holding that the trial judge did not err or abuse his discretion in concluding that Movants failed to demonstrate that their interests were not adequately represented. View "Verizon New England Inc. v. Savage" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of Plaintiffs in their appeal from the order of the state tax administrator denying a refund with respect to a conveyance tax paid pursuant to a memorandum of agreement, holding that Plaintiffs were entitled to judgment as a matter of law.In this dispute surrounding the conveyance tax Plaintiffs paid to expediently transfer a mall and an associate parking garage, the district court concluded that the transfer of interest in a lease entered into by Plaintiffs was not subject to the conveyance tax under R.I. Gen. Laws 44-25-1(a) because of a tax exemption granted through action by the Rhode Island Economic Development Corporation. The district court granted final judgment in favor of Plaintiffs. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment for Plaintiffs. View "Providence Place Group Limited, Partnership v. State ex rel. Division of Taxation" on Justia Law

In these consolidated appeals, the Supreme Court reversed two judgments of the superior court entered in favor of Petitioners, a group of taxpayers who challenged the City of Providence's tax assessments on their properties for tax years 2014 and 2015, holding that the trial justice erred.The trial justice ruled that a revaluation conducted in 2013 of property values was illegal and invalid and that the tax bills for the relevant tax years shall be revised based on the 2012 revaluation. The superior court entered judgment in favor of Petitioners in excess of $1.5 million. The Supreme Court reversed, holding that the trial justice improperly weighed the evidence and erred as a matter of law in finding that the 2013 revaluation was illegal, invalid, selective, arbitrary, and discriminatory. View "Athena Providence Place v. Pare" on Justia Law

The Supreme Court affirmed the final decree of the superior court foreclosing Respondent's right of reception for property sold at a tax sale, holding that there was no error.Petitioner purchased the property at issue in this case at a tax sale. More than one year after the tax sale and the recording of the deed, Petitioner filed a petition seeking to foreclose Respondent's right of redemption. The superior court held a hearing on the petition and determined that Respondent was in default and that Petitioner was entitled to its requested relief. The Supreme Court affirmed, holding that Respondent waived all of the arguments that he raised on appeal. View "E.T. Investments, LLC v. Riley" on Justia Law

The Supreme Court affirmed the judgment of the superior court denying Plaintiff's claim for specific performance of a purchase and sale agreement (PSA) in favor of Defendants - Irene M. O'Malley Revocable Trust and John Brady, Katherine Brady Walker, and Mary Brad, as trustees of the Irene M. O'Malley Revocable Trust (collectively, the Trust) - holding that there was no error.Plaintiff filed an amended complaint seeking specific performance of the PSA and alleging that the Trust breached the PSA and the implied covenant of good faith and fair dealing. After a bench trial, the trial justice denied Plaintiff's request for specific performance and granted the Trust's request to terminate the PSA. The Supreme Court affirmed, holding that Plaintiff failed to demonstrate that the trial justice misapplied the law, misconceived or overlooked material evidence or made factual findings that were clearly wrong. View "Terrapin Development, LLC v. Irene M. O'Malley Revocable Trust" on Justia Law

The Supreme Court vacated the order of the superior court granting the request of Petitioners to appoint a temporary receiver for Respondent, Bard Group, LLC, holding that Petitioners lacked standing to seek the appointment of a receiver, either under statute or as a matter of equity.Respondent owned nine of thirteen condominium units at a certain condominium in Newport, and Petitioners owned the remaining four units. Respondent had a controlling voting share in the condominium association. When the condominium roof began to leak and repairs were not timely made Petitioners filed a petition for the appointment of a receiver for the association. Thereafter, Respondent's mortgage was foreclosed upon. Petitioners then filed a second motion and petition to appoint a receiver in this case, only this time they sought to appoint a receiver for Respondent and not the association. The hearing justice found that Petitioners had standing to pursue the receivership and appointed a temporary receiver for Respondent. The Supreme Court vacated the order, holding that Petitioners lacked standing to seek the appointment of a receiver, and the hearing justice erred in appointing one. View "Epic Enterprises LLC v. 10 Brown & Howard Wharf Condominium Ass'n" on Justia Law