Town of Exeter v. Marathon of R.I., Inc.

Supreme Court of Rhode Island

Town of Exeter v. Marathon of R.I., Inc.

598 A.2d 363, 1991 WL 246829

Supreme Court of Rhode Island·Decided November 21, 1991·No. No. 91-95-A·Published

Opinion

ORDER

On November 19, 1991, the plaintiff, by its counsel, appeared before a panel of this court to show cause why its appeal from a Superior Court order dismissing its complaint against the defendants should not be denied and dismissed.

After consideration of arguments and memoranda of counsel, the court is of the opinion that cause has not been shown. The ordinance amendments were invalid because the town of Exeter did not comply with the notice requirements. The decision of the trial justice is affirmed. We note, however, that the Superior Court had proper subject matter jurisdiction.

The plaintiff’s appeal is therefore denied and dismissed.

MURRAY and SHEA, JJ., did not participate.

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ORDER

On November 19, 1991, the plaintiff, by its counsel, appeared before a panel of this court to show cause why its appeal from a Superior Court order dismissing its complaint against the defendants should not be denied and dismissed.

After consideration of arguments and memoranda of counsel, the court is of the opinion that cause has not been shown. The ordinance amendments were invalid because the town of Exeter did not comply with the notice requirements. The decision of the trial justice is affirmed. We note, however, that the Superior Court had proper subject matter jurisdiction.

The plaintiff’s appeal is therefore denied and dismissed.

MURRAY and SHEA, JJ., did not participate.

Town of Exeter v. Marathon of R.I., Inc., 598 A.2d 363, 1991 WL 246829 (R.I. 1991).

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