Rhode Island Turnpike & Bridge Authority v. Town of Jamestown

256 A.2d 479, 106 R.I. 132, 1969 R.I. LEXIS 603
CourtSupreme Court of Rhode Island
DecidedAugust 1, 1969
StatusPublished

This text of 256 A.2d 479 (Rhode Island Turnpike & Bridge Authority v. Town of Jamestown) 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
Rhode Island Turnpike & Bridge Authority v. Town of Jamestown, 256 A.2d 479, 106 R.I. 132, 1969 R.I. LEXIS 603 (R.I. 1969).

Opinion

Paolino, J.

This petition for declaratory judgment was commenced July 11, 1967, by the Rhode Island Turnpike and Bridge Authority (Turnpike Authority) against the following defendants: Town of Jamestown (Town); Jamestown and Newport Ferry Company (Company); Rhode Island Hospital Trust Company (Hospital Trust), Trustee for holders of certain revenue bonds of the Turnpike Authority under an indenture of trust with the Turnpike Authority dated December 1, 1965; Industrial National Bank of Rhode Island (Industrial), Trustee for holders of certain revenue bonds of the Turnpike Authority guaranteed by the State of Rhode Island under an indenture of trust, with the Turnpike Authority dated December 1, 1965; John Sherman as representative and on behalf of retired employees of the Ferry Company; and Herbert F. DeSimone, Attorney General for the State of Rhode Island.

The plaintiff asks that the court adjudge inter alia: (1) that Ferry Company does not have or own any franchise or right to operate ferries between Jamestown and Newport; (2) that the Turnpike Authority is not required to deposit [134]*134the sum of $250,000 or any part thereof to the credit of the Town as provided in G. L. 1956, §24-12-22, and §24-12-24; and (3) that said §§24-12-22 and 24-12-24 of the G. L. 1956 are null and void.

The defendant Company and defendant Sherman filed two counterclaims:

(1) Ferry Company’s first counterclaim asks the court to require the Turnpike Authority to create the Franchise Fund by depositing the sum of $250,000 forthwith in a bank in Newport or Providence for the credit of the Town, said sum to be held by the bank for the benefit of the Town until the Newport Bridge is open for traffic.

(2) The second counterclaim asks the court to require plaintiff to create a Severance Benefit Account, by depositing forthwith the sum of $250,000 in a bank as required by §24-12-48, in the name of the Company, to be held by said bank until the Newport Bridge is open for traffic; the counterclaim further asks the court to adjudge that upon the opening of the Newport Bridge for traffic, the Ferry Company pay from the Severance Benefit Account the benefits required by statute.

The Town filed an answer seeking affirmative relief with respect to the Franchise Fund similar to that claimed in defendant Ferry Company’s first counterclaim. Pleadings by Industrial and Hospital Trust were duly filed, but need not be summarized here.

The record before the court includes a stipulation of facts executed by all parties and filed March 22, 1968, and a further stipulation filed March 26, 1968, both with exhibits attached. The matter was heard before a justice of the superior court sitting at Newport on May 14, 1968 and was further heard in Newport on July 22, 1968, for arguments on the proposed form of findings and judgments.

The trial justice separated the issues raised by the Ferry Company’s second counterclaim with respect to the Sever[135]*135anee Benefit Account from the issues relating to the Franchise Fund pursuant to and in compliance with the provisions of rule 42(b) of the superior court rules of civil procedure.

With respect to the Severance Benefit Account, the trial justice entered an interlocutory order on October 29, 1968, which held in abeyance, until such time as the Newport Bridge is open for traffic, the questions of whether the Severance Benefit Account should be established, the source of the fund, and the proper recipients of benefits therefrom.

With respect to the Franchise Fund the trial justice made findings of fact and stated conclusions of law based thereon. Included among the findings of fact are the following:

“8. That since August 9, 1956, the Jamestown and Newport Ferry Company has had no duties or operations of any kind except to receive the ten (10) consecutive annual payments of $27,000 on or before the first of August of each year, commencing August 1, 1956, from the State of Rhode Island pursuant to the provisions of Chapter 3771 of the Public Laws of 1956 and pay over and transmit said payments as received, to the Town of Jamestown for the purpose of paying the indebtedness of the Town previously incurred for said Company; and since August 1, 1965, the date of the last annual payment of $27,000 by the State of Rhode Island, said Company has had no duties or operations of any kind.
“9. That said Company has not operated any ferries or ferry service between Jamestown and Newport, or elsewhere, since May 31, 1951.
“10. That said Company permanently released and transferred its franchises and rights to-operate ferries, whether granted to it in its original charter or otherwise, to the Jamestown Ferry Authority by its voluntary acceptance on May 18, 1956 of the provisions of said Chapter 3771 of the Public Laws of 1956, and the sale of its physical assets on August 9, 1956.”

Based on the trial justice’s findings of fact and conclu[136]*136sions of law, a final judgment was entered on October 28, 1968, providing as follows:

“* * * it is ORDERED AND ADJUDGED:
“1. That the Jamestown and Newport Ferry Company does not have or own any franchises and rights to operate ferries as defined in Section 1 (e) of said Chapter 12 of Title 24.
“2. That said Company has been fully repaid and compensated by the State of Rhode Island through its instrumentality, the Jamestown Ferry Authority, for .all of its indebtedness owed to the Town of Jamestown incurred for the operation of the ferry services by said Company.
“3. That said Town has been fully repaid and compensated by the State of Rhode Island through its instrumentality, the Jamestown Ferry Authority, to the ■extent of the indebtedness and liability of said Town incurred on account of ferry operations of said Company.
“4. That the Rhode Island Turnpike and Bridge Authority is not required to deposit the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) or any part thereof to the credit of the Town as provided in said Sections 22 and 24 from the Construction Fund held by the Rhode Island Hospital Trust Company as Trustee under the Trust Agreement entered into with said Turnpike Authority on December 1, 1965 or from any other funds belonging to said Turnpike Authority.
“5. That the Rhode Island Hospital Trust Company shall continue to pay from the Construction Fund held by it as Trustee under the Trust Agreement dated December 1, 1965, such other amounts as the Authority may from time to time requisition in accordance with Section 405 of said Agreement.
“6. That said Section 22 and Section 24 are null and void and of no effect.
“7. That said Company has been de facto dissolved and its Charter surrendered by reason of the full acceptance of the provisions of Chapter 3771 of the Public Laws of 1956 by said Company on May 18, 1956 and [137]*137by said Town on June 2nd, 1956 and by reason of the transfer and sale of all of the Company’s physical assets to the Jamestown Ferry Authority on August 9, 1956.”

The matter is before us on the appeals of defendant Ferry Company and defendant Town.

jRelevant Statutes

The statutes involved in this appeal are G. L.

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Bluebook (online)
256 A.2d 479, 106 R.I. 132, 1969 R.I. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhode-island-turnpike-bridge-authority-v-town-of-jamestown-ri-1969.