DiTraglia v. City Council of Pawtucket

Supreme Court of Rhode Island

DiTraglia v. City Council of Pawtucket

572 A.2d 1340, 1990 R.I. LEXIS 80, 1990 WL 47227

CourtSupreme Court of Rhode Island

DecidedApril 20, 1990

DocketNo. 88-576-M.P

StatusPublished

This text of 572 A.2d 1340 (DiTraglia v. City Council of Pawtucket) 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

DiTraglia v. City Council of Pawtucket, 572 A.2d 1340, 1990 R.I. LEXIS 80, 1990 WL 47227 (R.I. 1990).

Pincite

Opinion

OPINION

SHEA, Justice.

This is a petition for certiorari brought by the petitioners, owners of a used-car sales business, from the City Council of the City of Pawtucket’s denial of the petitioners’ automobile-repair-shop-license application. We quash the order of the city council.

The respondent City Council of the City of Pawtucket failed to file a brief and did not appear for the oral arguments on this matter. However, it can be discerned from the information provided that the question before us involves the validity of an ordinance regulating automobile-repair shops within the city of Pawtucket. This city ordinance, chapter 2008, was enacted on December 10, 1987. The enabling legislation that grants the city of Pawtuck-et the authority to legislate and regulate motor-vehicle-repair businesses in that city, however, was not enacted until July 7, [1341]*13411989. See P.L.1989, ch. 313, § 1. As such, the city ordinance in question is ultra vires and a nullity.

Accordingly the petition for certiorari is granted, the order of the city council denying the application for the repair-shop license is quashed, and the papers of the case are remanded to the city council with our decision endorsed thereon,

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OPINION

SHEA, Justice.

This is a petition for certiorari brought by the petitioners, owners of a used-car sales business, from the City Council of the City of Pawtucket’s denial of the petitioners’ automobile-repair-shop-license application. We quash the order of the city council.

The respondent City Council of the City of Pawtucket failed to file a brief and did not appear for the oral arguments on this matter. However, it can be discerned from the information provided that the question before us involves the validity of an ordinance regulating automobile-repair shops within the city of Pawtucket. This city ordinance, chapter 2008, was enacted on December 10, 1987. The enabling legislation that grants the city of Pawtuck-et the authority to legislate and regulate motor-vehicle-repair businesses in that city, however, was not enacted until July 7, [1341]*13411989. See P.L.1989, ch. 313, § 1. As such, the city ordinance in question is ultra vires and a nullity.

Accordingly the petition for certiorari is granted, the order of the city council denying the application for the repair-shop license is quashed, and the papers of the case are remanded to the city council with our decision endorsed thereon,

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Bluebook (online)

572 A.2d 1340, 1990 R.I. LEXIS 80, 1990 WL 47227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ditraglia-v-city-council-of-pawtucket-ri-1990.