Luongo v. Thornton Auto Sales, 2001-1321 (2002)

Superior Court of Rhode Island

Luongo v. Thornton Auto Sales, 2001-1321 (2002)

DecidedApril 3, 2002

DocketP.M. No. 2001-1321

StatusPublished

This text of Luongo v. Thornton Auto Sales, 2001-1321 (2002) (Luongo v. Thornton Auto Sales, 2001-1321 (2002)) is published on Counsel Stack Legal Research, covering Superior 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

Luongo v. Thornton Auto Sales, 2001-1321 (2002), (R.I. Ct. App. 2002).

Pincite

Opinion

DECISION Before the Court for determination is the issue of whether municipal licensing is necessary for the lawful operation of an auto body repair business and an auto sales business in the Town of Johnston (Town), or whether the State of Rhode Island (State) has exclusive authority to license the businesses.

FACTS AND TRAVEL Thornton Auto Sales (Thornton) is an auto body repair shop and auto sales business operating in the Town of Johnston since 1981. Thornton went into Receivership in April, 2001. The Receiver entered into a Purchase and Sale Agreement (Agreement) with Ciara Auto Sales (Ciara) for the sale of the real estate and assets of Thornton, including all the auto body and auto sales licenses belonging to Thornton. This sale was contingent on Ciara receiving from the Town of Johnston and from the State all the necessary approvals to operate a business of this type.

The Town of Johnston contends that no business may operate in the Town without a municipal license to do so. The Town refuses to grant operating approval to Ciara, claiming that the municipal license Ciara received from Thornton expired in May.

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DECISION Before the Court for determination is the issue of whether municipal licensing is necessary for the lawful operation of an auto body repair business and an auto sales business in the Town of Johnston (Town), or whether the State of Rhode Island (State) has exclusive authority to license the businesses.

FACTS AND TRAVEL Thornton Auto Sales (Thornton) is an auto body repair shop and auto sales business operating in the Town of Johnston since 1981. Thornton went into Receivership in April, 2001. The Receiver entered into a Purchase and Sale Agreement (Agreement) with Ciara Auto Sales (Ciara) for the sale of the real estate and assets of Thornton, including all the auto body and auto sales licenses belonging to Thornton. This sale was contingent on Ciara receiving from the Town of Johnston and from the State all the necessary approvals to operate a business of this type.

The Town of Johnston contends that no business may operate in the Town without a municipal license to do so. The Town refuses to grant operating approval to Ciara, claiming that the municipal license Ciara received from Thornton expired in May.

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Bluebook (online)

Luongo v. Thornton Auto Sales, 2001-1321 (2002), Counsel Stack Legal Research, https://law.counselstack.com/opinion/luongo-v-thornton-auto-sales-2001-1321-2002-risuperct-2002.