Braman v. Wawaloam Reservation, Inc.

267 A.2d 410, 107 R.I. 270, 1970 R.I. LEXIS 769
CourtSupreme Court of Rhode Island
DecidedJune 17, 1970
Docket814-M.P
StatusPublished
Cited by5 cases

This text of 267 A.2d 410 (Braman v. Wawaloam Reservation, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braman v. Wawaloam Reservation, Inc., 267 A.2d 410, 107 R.I. 270, 1970 R.I. LEXIS 769 (R.I. 1970).

Opinion

*271 Roberts, C. J.

This civil action was brought to enjoin the Town Council of the Town of Richmond from granting or conducting a hearing scheduled for June 26, 1969, on an application by the defendant Wawaloam Reservation, Inc., for a license to construct and operate a trailer park in the town of Richmond. The matter was heard before a justice of the Superior Court, and on July 11 the trial court denied preliminary injunction and vacated a restraining order previously entered. From this judgment the plaintiffs prosecuted an appeal to this court and at the same time moved in this court for leave to file a petition for a writ of certiorari. This court thereupon entered an order temporarily restraining the defendants from acting under the authority of any license issued by the town council to build or operate such a trailer park. On September 24, 1969, this court denied without prejudice the defendants’ motion to dismiss the appeal and at the same *272 time granted the plaintiffs' motion for leave to file a petition for certiorari.

It is not disputed that on May 2, 1969, defendant Wawaloam Reservation, Inc., hereinafter referred to as Wawaloam, applied to the town council for the issuance of a license to permit it to construct and operate a recreational camping area pursuant to the pertinent provisions of the Richmond Trailer Park Code. At its regular monthly meeting held on May 19, 1969, the town council considered the application, discussed it with representatives of Wawaloam, and concluded that the use for which the application had been made was not covered by any provisions of the existing trailer park ordinance. The council thereupon voted to direct the town solicitor to draft a new or amended- trailer park ordinance under which Wawaloam would be permitted to resubmit its application.

On May 26 the town council held a special meeting, at which the new trailer park ordinance was considered. It is conceded that no public notice of this meeting had been given in any form. At this meeting, after discussing the proposed amended ordinance, the town council adopted it as the trailer park ordinance of the town of Richmond. Thereafter, on June 13, Wawaloam reapplied under the new ordinance, and at its regular monthly meeting on June 16 the town council voted to advertise Wawaloam’s application for such a license for public hearing on June 26, 1969. It is here conceded that the hearing set on the application was advertised as directed by the town council.

In 1962 the General Assembly enacted enabling legislation, P. L. 1962, chap. 240, which gave wide authority to the town of Richmond to enact ordinances regulating trailer parks and tourist accommodations in that town. In sec. 1 of the enabling act, provision was made for the town “* *• * by ordinance'to regulate, control, permit and license trailer parks and other tourist accommodations within the *273 town and to amend any such ordinances from time to time.” In sec. 3 thereof it was provided that in such ordinances provisions could be made for “* * * the issuance of permits for the construction, enlargement or other alterations of trailer parks and other tourist accommodations and for the issuance of licenses to operate the same.” Section 6 of the enabling legislation contained a number of definitions of terms used therein. It provided also that “ 'Trailer park' means any parcel of land upon which two or more trailer coaches, occupied for dwelling or sleeping purposes, are located, whether or not a charge is made therefor.” “Tourist accommodations” were defined as “* * * any motel, hotel, boarding-house, lodging house, inn, tavern, tourist home or similar structure where dwelling space is rented on a temporary basis to transients.”

In May 1962, shortly after the adoption of the enabling legislation, the town council proceeded to enact for the town a Trailer Park Code, so called. It therein defined what constituted a trailer or trailer coach or a mobile home, and in considerable degree provided for such requirements as the site locations and conditions, supplies of water and sewage disposal, registration of the occupants of trailers located in the park, and for the issuance of permits to construct and regulate such a trailer park. It is significant in the light of the issues raised in the instant case that nothing appears in the ordinance that would constitute an implementation of a grant of authority in the enabling act to regulate or control tourist accommodations, which are defined in the enabling legislation as constituting motels, hotels, boarding houses, tourist homes, and the like.

In 1969 following the application of Wawaloam to operate a recreational camping area, the council, as noted above, directed the town solicitor to furnish it with proposed legislation amending 'the 1962 ordinance. Such amendatory" legislation was submitted to the council at the *274 meeting of May 26, 1969, and at that time was adopted. We note again that it is not disputed that the meeting at which the council proposed to consider the adoption of the amendment to the trailer park code, that is, the meeting- of May 26, was not advertised nor any notice given to the public that such an amendment to the trailer park code was to be considered.

The amended ordinance, in substance, amended the definition of a trailer park as set out in sec. 1 of art. I by excepting therefrom “a travel trailer parking area as defined in Article II.” Article II was added to the act and provides almost entirely for the licensing of the construction and operation of travel trailer parking areas. In art. II the ordinance as amended defines a travel trailer as “* * * a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses * *

The amendatory legislation also provides that no one shall operate a travel trailer parking area except on the authority of a permit issued by the town council and that in the application for such permits, sec. 2.2 (d) (4), there be included plans showing “The location of service buildings, sanitary stations, and any other proposed structures.” (Italics ours.) It further requires in sec. 2.2 (d) (7) that the town council, at the time of application for such a permit, be furnished with “Plans and specifications of all buildings constructed or to be constructed within the travel trailer parking area.” (Italics ours.)

The plaintiffs’ attack on the validity of the amended ordinance is twofold. They contend, first, that, in enacting the amendatory provisions of the trailer park code, the council acted in excess of the authority conferred upon it by the pertinent provisions of the enabling act. They point out that the enabling legislation limits the authority of the town council to enact an ordinance providing *275 for the regulation of trailer parks and other “tourist .accommodations.” They argue that the amendment to the ordinance purports to regulate the construction of any building to be erected “within the travel trailer parking area” and that the enabling act did not contemplate a grant of authority to regulate the construction of buildings other than those defined as tourist accommodations in the enabling act.

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Cite This Page — Counsel Stack

Bluebook (online)
267 A.2d 410, 107 R.I. 270, 1970 R.I. LEXIS 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braman-v-wawaloam-reservation-inc-ri-1970.