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818 A.2d 685 (2003) | Cited 130 times
... OPINION The petitioners, Paul F. Lischio and Marguerite Lischio (Lischios or petitioners) seek review by writ of certiorari of a Superior Court judgment that affirmed in part and reversed in part the decision of the respondent, the Zoning Board 'of Review of the Town of North Kingstown (zoning ...
755 A.2d 799 (2000) | Cited 130 times
... OPINION These consolidated petitions for certiorari sought our review of decisions by two successive Rhode Island Department of Health (department) directors on applications for certificate of need (CON) approval to operate an ambulatory surgical facility. In one of the petitions, the department ...
770 A.2d 396 (2001) | Cited 107 times
... OPINION This case came before the Supreme Court on the petition for certiorari brought by Carl and Dawn von Bernuth (petitioners) to review a judgment of the Superior Court affirming variances in lot-size and setback restrictions that benefited neighboring landowners. The Zoning Board of Review of ...
769 A.2d 578 (2001) | Cited 99 times
... OPINION This is a zoning case involving the propriety of granting a dimensional variance for an undersized lot so that the property owner could build a single-family house thereon. Before applying for such zoning relief, however, the owner had obtained planning-board approval to subdivide her ...
788 A.2d 1129 (2002) | Cited 82 times
... OPINION This is a government-employment dispute involving a whole passel of claims and counterclaims between a classified "full status" state employee and the state governmental entities and individuals that either employed him or supervised his work at the state's crime laboratory. Both sides ...
822 A.2d 164 (2003) | Cited 71 times
... OPINION This case came before the Court on a petition for certiorari filed by Dr. Lee H. Arnold (Dr. Arnold or director) and concerns the proper calculation of attorney's fees to be awarded pursuant to G.L. 1956 § 28-44-57(b). Doctor Arnold, in his capacity as Director of the Rhode Island ...
880 A.2d 784 (2005) | Cited 68 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION "A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps, both. Knowledge will forever govern ignorance; And a people who mean to be ...
875 A.2d 1 (2005) | Cited 68 times
... Present: Williams, C.J., Flaherty, Suttell, and Robinson, JJ. OPINION Almost eighty years ago, the United States Supreme Court upheld the power of cities and towns to control land use within their borders as a valid exercise of the police power for the protection of their citizens' public health ...
723 A.2d 1101 (1999) | Cited 66 times
... Appeal from County: SOURCE OF APPEAL: Superior Kent JUDGE FROM OTHER COURT: Clifton, J. OPINION Following his conviction by a Superior Court jury trial on two counts of driving so as to endanger, death resulting (G.L. 1956 § 31-27-1), and after sentence and final judgment entered thereon, ...
841 A.2d 668 (2004) | Cited 62 times
... OPINION The Supreme Court granted a petition for writ of certiorari filed by the petitioner, Mill Realty Associates (Mill Realty or petitioner), seeking review of a judgment of the Superior Court that affirmed the decision of the respondents, members of the Zoning Board of Review for the Town of ...
733 A.2d 703 (1999) | Cited 62 times
... Appeal from County: SOURCE OF APPEAL: Superior Washington JUDGE FROM OTHER COURT: Gemma, J. OPINION This case comes before us on the petition for a writ of certiorari brought by the Town of East Greenwich (the town). This litigation arises from a judgment entered in the Superior Court reversing ...
827 A.2d 626 (2003) | Cited 57 times
... OPINION This case came before the Supreme Court on April 1, 2003, on appeal by the defendant, City of Providence (the city or defendant), from a judgment granting summary judgment in favor of the plaintiff, United Lending Corporation (United or plaintiff) 1 and denying its cross-motion for ...
818 A.2d 608 (2003) | Cited 56 times
... OPINION This family feud involves the sad but all too familiar story of a family united solely by its eldest member during his life and then fiercely divided after his death. 1 The plaintiffs, Peter Filippi (Peter), Carolyn Filippi Cholewinski (Carolyn) and Paula Consagra (Paula) (collectively ...
854 A.2d 1008 (2004) | Cited 54 times
... OPINION The Foster-Glocester Regional School Committee (school committee) seeks review by writ of certiorari of a District Court decision affirming a judgment granting unemployment benefits by the Board of Review of the Rhode Island Department of Labor and Training (board) to a schoolteacher, ...
774 A.2d 68 (2001) | Cited 54 times
... The judgment obtained by plaintiff Ferrante is vacated and the case is remanded for trial. Denied and dismissed the appeal of the plaintiffs from the denial of prejudgment interest. The papers in this case remanded to the Superior Court. Williams, C. J., Lederberg, Bourcier, Concurring. Flanders, ...
768 A.2d 921 (2001) | Cited 53 times
... OPINION This case came before the Supreme Court on January 30, 2001, pursuant to the petition of John F. Lallo (respondent), an associate judge of the Administrative Adjudication Court (AAC), to review the proceedings and recommendation of the Commission on Judicial Tenure and Discipline ...
852 A.2d 491 (2004) | Cited 53 times
... Not Participating - Justice Suttell OPINION The defendant, Michael R. Grayhurst (defendant), appeals from his convictions on twenty-five criminal counts after a jury trial in the Superior Court. The defendant contends that his convictions should be overturned for various reasons, which are ...
763 A.2d 1005 (2001) | Cited 52 times
... OPINION The plaintiff in this case, Rhode Island Depositors Economic Protection Corporation (DEPCO), has appealed a judgment entered in the Superior Court in favor of the defendants, Bowen Court Associates (Bowen Court) and a group of guarantors. The trial justice ruled that although it had the ...
774 A.2d 25 (2001) | Cited 52 times
... OPINION The plaintiff, David R. Heflin (Heflin), appeals from two Superior Court summary judgments entered in favor of two of the five named defendants in his civil action for negligence and damages. Orders were entered permitting entry of final judgment concerning the two defendants, John Koszela ...
721 A.2d 849 (1998) | Cited 51 times
... JUDGE FROM OTHER COURT: Savage, J. OPINION A tabloid headline describing the trial of this case might read as follows: "JUDGE NIXES ZONING OUTLAWS' SUIT AGAINST NOSY NEIGHBOR." The husband-and-wife plaintiffs, Gerald and Catherine Swerdlick (Gerald, Catherine, or plaintiffs), claimed that the ...
794 A.2d 476 (2002) | Cited 51 times
... OPINION The plaintiff, Joseph Roe (plaintiff or Roe), sued the various defendants for alleged physical, emotional, and sexual abuse suffered while he was a minor in the custody of the State of Rhode Island (state), residing at the Saint Aloysius Home. A Superior Court justice found that the ...
854 A.2d 1022 (2004) | Cited 50 times
... OPINION The defendant, Raymond Lynch, appeals from Superior Court jury convictions of three counts of first-degree sexual assault and two counts of second-degree sexual assault. The victim of all five assaults was his developmentally impaired daughter Mary. 1 He alleges that the trial court ...
878 A.2d 992 (2005) | Cited 49 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The defendant, Mark A. Hallenbeck, appeals from a conviction of manslaughter for the stabbing death of Glenn Petersen at the Warwick Mall in the early morning of May 30, 2001. Indicted for murder under G.L. 1956 §§ ...
727 A.2d 676 (1999) | Cited 48 times
... Appeal from County: SOURCE OF APPEAL: Superior Washington JUDGE FROM OTHER COURT: Williams, J. Supreme Court (WC 92-525) OPINION This case requires us to determine who, if anyone, is entitled to recover benefits in a wrongful death action in which a husband was the proximate cause of his new ...
898 A.2d 87 (2006) | Cited 46 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The illegal diversion of electricity powers this appeal. An underground aluminum bypass conductor leading from the front yard of the defendants' home to an "unmetered" electrical panel in the garage allowed the ...
867 A.2d 796 (2005) | Cited 46 times
... OPINION Referencing hin inability to forecast the actions of World War II Russia, Winston Churchill once quipped "It is a riddle wrapped in a mystery inside an enigma." 1 Though we candidly admit the legal issues at play in this case do not come close to the terrorism ofStalinist Russia, the ...
746 A.2d 707 (2000) | Cited 46 times
... (WM 88-297) OPINION Anthony Palazzolo (Palazzolo) brought an inverse condemnation action against the Coastal Resources Management Council (CRMC), alleging that the CRMC's denial of his application to fill eighteen acres of coastal wetlands constituted a taking of his property for which he was ...
729 A.2d 677 (1999) | Cited 44 times
... Appeal from County: SOURCE OF APPEAL: Superior Providence JUDGE FROM OTHER COURT: Gibney, J. OPINION The defendant, Dow Chemical Company (Dow or defendant), has appealed from a judgment in favor of the plaintiffs, Terry DiPetrillo (Terry) and Donna DiPetrillo (Donna), following a jury award of ...
895 A.2d 106 (2006) | Cited 44 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The petitioner, Jeanne Rossi, seeks review of a Superior Court judgment that affirmed the denial of her application for an accidental disability pension. In 1992, Rossi was injured while working at the Rhode Island ...
732 A.2d 55 (1999) | Cited 44 times
... June 26, 1999 Separate Opinion To His Excellency Lincoln C. Almond, Governor of the State of Rhode Island and Providence Plantations: "We have received from Your Excellency a letter dated November 20, 1997, wherein you have propounded to us pursuant to article 10, section 3, of the Rhode Island ...
870 A.2d 1029 (2005) | Cited 43 times
... OPINION At issue in this case is whether a person convicted of sexual assault and incarcerated before July 1, 1992, but released after that date, was required to register as a sexual offender pursuant to the registration statute that was in existence at the time of the prisoner's release (viz., ...
849 A.2d 340 (2004) | Cited 42 times
... OPINION As our parents used to tell us, "money doesn't grow on trees." But nowadays, for a fee, it sometimes comes out of machines. In this case, an employer of temporary workers hired them out each day to perform various manual-labor jobs for the employer's customers. Pursuant to its "work ...
767 A.2d 50 (2001) | Cited 41 times
... OPINION The decisive issues in this case are whether the defendant, Cornelius Breen, should have been acquitted of stalking because the evidence was insufficient to trigger Rhode Island's stalking statute, and whether the fact and details of the defendant's prior conviction of stalking the same ...
824 A.2d 1282 (2003) | Cited 41 times
... OPINION This case is the latest installment of the seemingly endless litigation involving Interstate Navigation Co. d/b/a The Block Island Ferry (Interstate) and Island Hi-Speed Ferry, LLC (Hi-Speed) concerning the two companies' entrance into the high-speed ferry market. See In re Hi-Speed Ferry, ...
788 A.2d 469 (2002) | Cited 41 times
... OPINION The defendant, Efrain Otero, has appealed a judgment of conviction of first-degree murder and carrying a pistol without a license in the shooting death of Teodoro Lara, claiming that the evidence presented at trial was not legally sufficient to support the jury's verdict of guilt beyond a ...
911 A.2d 1035 (2006) | Cited 41 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The plaintiffs, Irina and Lev Smiler (plaintiffs), appeal the Superior Court's grant of summary judgment in favor of the defendant, Stephen T. Napolitano (defendant), in his capacity as Treasurer of the City of ...
864 A.2d 635 (2005) | Cited 40 times
... OPINION A young boy, two days shy of his thirteenth birthday, was seriously injured while skateboarding on a "quarter pipe" 1 at a commercial skate park in East Providence. His parents, Roland and Kerri Lucier (plaintiffs), filed this premises liability action against Impact Recreation, Ltd. ...
772 A.2d 485 (2001) | Cited 40 times
... OPINION This consolidated appeal comes before us on the appeal of the State of Rhode Island Division of Purchases (State), contesting an order of the Superior Court declaring that the State is constitutionally required to conduct an adjudicatory hearing before finalizing the suspension of a ...
848 A.2d 221 (2004) | Cited 39 times
... OPINION "Before you embark on a journey of revenge, dig two graves." 1 This maxim of venerable wisdom is no less true today than it was during the Chou Dynasty of ancient China. It is a lesson that the defendant Marcelino Collazo Gomez (Gomez or defendant), a young gang member who lived by the ...
732 A.2d 43 (1999) | Cited 39 times
... Appeal from County: SOURCE OF APPEAL: Superior Providence JUDGE FROM OTHER COURT: Needham, J. OPINION When it comes to piercing corporate veils, courts are loath to act like Vlad the Impaler. 1 Indeed, the stakes are too high for courts regularly to disregard the separate legal status of ...
784 A.2d 291 (2001) | Cited 38 times
... OPINION This appeal tells the tale of a parishioner whose pastor engaged in a sexual relationship with her during a six-month period in 1995 and 1996 -- allegedly without obtaining her valid or knowledgeable consent to do so. After sleeping with her pastor, however, did the parishioner then sleep ...
748 A.2d 249 (2000) | Cited 38 times
... OPINION This negligence case is the final chapter in the ongoing saga between the plaintiff, John P. Graff, Sr., and the City of Warwick (the city). 1 In this particular chapter, the plaintiff appeals from a judgment entered in favor of the defendants following a Superior Court trial in favor of ...
774 A.2d 893 (2001) | Cited 38 times
... OPINION This case came before the Court on the appeal of the defendants, Gahil Oliveira (Oliveira), Jason Ferrell (Ferrell), Pedro Sanders (Sanders), and Robert McKinney (McKinney) (collectively referred to as defendants). They were indicted together for first-degree murder, assault with intent to ...
808 A.2d 1081 (2002) | Cited 37 times
... OPINION Relying primarily on claim-preclusion principles, the Superior Court granted summary judgment in favor of the defendants, the State of Rhode Island and various officials of the Department of Children, Youth and Families (DCYF). In doing so, it dismissed the claims of two former foster-care ...
105 R.I.322 (1969) | Cited 37 times
... 1. LIMITATIONS, STATUTE OF. INJURY IN SISTER STATE. RHODE ISLAND RESIDENTS. In civil action in Rhode Island for damages resulting from an accident in Massachusetts, one year statute of limitations of latter state is without materiality in Rhode Island by reason of defendants' status as ...
863 A.2d 193 (2004) | Cited 37 times
... OPINION This matter came before this Court for oral argument on October 27, 2004, pursuant to an order directing the parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by ...
783 A.2d 404 (2001) | Cited 36 times
... JUDGE FROM OTHER COURT: Thunberg, J. OPINION This case arose from a dispute among abutters over the ownership of land in Jamestown, Rhode Island. Joan L. Dupee (Dupee) has appealed from a Superior Court judgment in favor of Peter A. Carnevale and Rochelle T. Carnevale (the Carnevales) and Ronald ...
729 A.2d 701 (1999) | Cited 36 times
... Appeal from County: SOURCE OF APPEAL: Superior Kent JUDGE FROM OTHER COURT: Hurst, J. Supreme Court OPINION This case concerns the interpretation and scope of a commercial-lease provision specifying that "[n]o take-out window service shall be permitted" at an Oakland Beach restaurant located on ...
713 A.2d 766 (1998) | Cited 35 times
... Weisberger, C.J., Lederberg, Bourcier, Flanders, Goldberg, JJ., Concurring. This case came before the Court on the cross-appeals of the parties. The plaintiff, Mary M. Kurczy (Kurczy), 1 appeals from the denial in the Superior Court of her motion for judgment as a matter of law and her motion for ...
874 A.2d 217 (2005) | Cited 35 times
... Present: Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION Goldberg, Flaherty, and Robinson, Justices, with whom Suttell, Justice, concurs in part, dissents in part, and joins in the judgment. This case came before the Supreme Court for oral argument on May 24, 2005, pursuant to an order ...
788 A.2d 1112 (2002) | Cited 34 times
... OPINION Is an arbitrator in a commercial dispute barred from awarding attorney's fees if the parties' contract provided that "all expenses of the arbitration" be assessed against the losing party? In this case, a justice of the Superior Court vacated a supplemental award of attorney's fees and ...
844 A.2d 666 (2004) | Cited 34 times
... OPINION Lured by the promise of low, fixed annual percentage rates (APR) and other favorable terms, the named plaintiffs, Tyler V. Chavers, Alexandra H. Lossini and Daniece A. Owsley Burns, opened credit-card accounts with Fleet Bank (RI), N.A. Upon learning that the APR on their accounts would be ...
888 A.2d 973 (2006) | Cited 33 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION This is an appeal from a judgment of the Superior Court regarding a dissolution petition filed with respect to the law partnership of Anderson, Zangari & Bossian. The trial justice considered a great volume of ...
714 A.2d 581 (1998) | Cited 33 times
... Appeal from County: SOURCE OF APPEAL: Superior Providence Supreme Court (P1/96-1286A) Judges Weisberger, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ This case came before the Supreme Court on May 5, 1998, pursuant to an order directing the parties to show cause why the issues raised ...
764 A.2d 151 (2001) | Cited 33 times
... OPINION The materiality of various breaches of contract, the sufficiency of evidence to support a fraud counterclaim, and the propriety of certain attorney's fee awards are before us on these cross-appeals. A Superior Court trial justice disposed of the parties' various claims and counterclaims by ...
787 A.2d 1158 (2001) | Cited 32 times
... OPINION In this civil negligence action, a Superior Court trial jury returned a verdict for $2 million in favor of the plaintiff, Michael L. Martinelli (Martinelli or the plaintiff), and against the defendants, Frank L. Hopkins, Jr., Showtime Security and the Town of Burrillville (the defendants). ...
755 A.2d 784 (2000) | Cited 32 times
... 00469B Supreme Court OPINION Appeal from County: SOURCE OF APPEAL: Superior Providence JUDGE FROM OTHER COURT: Clifton, J. & Thompson, J. JUSTICES: Weisberger, C.J., Lederberg, Bourcier, Flanders, Goldberg, JJ. Concurring WRITTEN BY: BOURCIER, J. 1. Because most of the parties in this ...
814 A.2d 346 (2003) | Cited 32 times
... OPINION In these two consolidated non-jury cases, a Superior Court trial justice found insufficient evidence to establish adverse possession. He then entered judgment in favor of the defendant, Horace P. Beck (Beck), the record-title holder of three adjacent parcels of mostly undeveloped property ...
824 A.2d 426 (2003) | Cited 32 times
... OPINION The defendant, Johnston School Committee (committee), appeals from a Superior Court judgment of mandamus, requiring it to provide a hearing to the plaintiff-teacher, Louis Martone (Martone), in accordance with G.L. 1956 § 16-13-5. 1 For the reasons set forth herein, we sustain the ...
824 A.2d 461 (2003) | Cited 32 times
... OPINION The plaintiff, Geraldine Mills, M.D. (plaintiff), appeals pro se from a summary judgment entered in favor of defendant, Robert F. Weisberg (Weisberg). She also appeals from a judgment as a matter of law entered in favor of State Sales, Incorporated (State Sales), Beaulieu of America, ...
772 A.2d 1056 (2001) | Cited 31 times
... OPINION This case came before the Court for oral argument on April 10, 2001, pursuant to an order that directed the parties to appear in order to show cause why the issues raised by this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda ...
949 A.2d 386 (2008) | Cited 31 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The defendant, Louis J. Giuliano, Jr., appeals from the entry of summary judgment in favor of the plaintiffs, the Estate of Louis J. Giuliano, Sr., and Patricia Lett. This case came before the Supreme Court for oral ...
787 A.2d 1146 (2001) | Cited 31 times
... OPINION The defendants, Kenneth D. Green (Green), Paul Green and Rocchio & Sons, Inc. (Rocchio) (collectively referred to as defendants) appeal the grant of a new trial in favor of plaintiffs Thomas A. English (English) and Bruno Formato (Formato) (collectively referred to as plaintiffs) after a ...
747 A.2d 465 (2000) | Cited 31 times
... OPINION General Laws 1956 § 36-4-63 precludes paid-sick-leave time from being counted as hours worked for purposes of computing a state employee's entitlement to overtime compensation. It further provides that any collective bargaining agreement (CBA) or arbitration award to the contrary "shall be ...
120 R.I. 841 (1978) | Cited 31 times
... Insurer filed complaint for declaratory judgment in which it claimed that it was not liable under general liability insurance policy issued to construction company, being sued by building owner's employee for injuries sustained while working on roof of owner's building. The Superior Court, Kent ...
761 A.2d 680 (2000) | Cited 31 times
... OPINION The plaintiff, Carol A. Cummings, appealed to the Rhode Island Supreme Court after her dispute over real estate taxes resulted in a judgment in favor of William H. Shorey (tax assessor or defendant), in his capacity as tax assessor of Middletown, Rhode Island. The plaintiff claimed that ...
708 A.2d 895 (1998) | Cited 30 times
... This appeal concerns the sufficiency of evidence to establish a probation violation when the complaining witness recants her prior inculpatory statements to the police concerning the defendant's alleged misconduct. The defendant, Robert Rioux, appeals from a Superior Court adjudication finding him ...
785 A.2d 1123 (2001) | Cited 30 times
... OPINION This case arose from a dispute between the plaintiffs, Delta Airlines, Inc., and US Airways, Inc. (the airlines), and the defendant, James T. Neary, Jr., in his capacity as tax assessor for the City of Warwick (the assessor), over the legality of municipal taxes assessed against the ...
752 A.2d 5 (2000) | Cited 30 times
... CORRECTION NOTICE A correction has been made on page 5. On the last line, the word "bankruptcy" has been changed to "bank robbery". Supreme Court OPINION Roger Williams Park was the backdrop for a brief but violent struggle that ended with the death of a park ranger and the serious injury of a ...
710 A.2d 661 (1998) | Cited 30 times
... This case comes before us on appeal by Nancy Volpe (Volpe) from a grant of summary judgment entered in Superior Court in favor of the defendant, Fleet National Bank (Fleet). Volpe seeks to recover money paid out by Fleet upon a check bearing her forged endorsement. The Superior Court granted ...
853 A.2d 1226 (2004) | Cited 30 times
... OPINION The plaintiff, Jeff Anthony Properties (Anthony Properties or plaintiff), seeks review by writ of certiorari of a Superior Court judgment dismissing its complaint and granting summary judgment. The Superior Court granted summary judgment in favor of Robert P. Barbato and Maria Barbato, ...
873 A.2d 101 (2005) | Cited 30 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION This case came before the Supreme Court on March 9, 2005, on cross-appeals filed by the plaintiffs, Anthony J. Dellagrotta (Anthony Sr.) and Audrey M. Dellagrotta (Audrey or, collectively, plaintiffs), and the ...
883 A.2d 732 (2005) | Cited 30 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION Introduction The parties to this appeal are former spouses, and the issue before us involves the Property Settlement Agreement that was drafted in connection with their divorce. The dispute centers around two ...
798 A.2d 340 (2002) | Cited 29 times
... OPINION The American dream of building a home of one's own can sometimes turn into a nightmare. This case deals with some of the problems that arise when that dream bumps up against the reality of all that can go awry in the construction process. After a jury verdict, two disappointed homeowners ...
755 A.2d 757 (2000) | Cited 29 times
... PAB from 97-285 Supreme Court OPINION An attorney, plaintiff Thomas R. DiLuglio (DiLuglio), and a businessman, defendant John H. Petrarca (Petrarca), formerly the co-owners of defendant Providence Auto Body, Inc. (PAB), and Waldlum Realty, Inc. (Waldlum), are here on cross-appeals from an ...
951 A.2d 428 (2008) | Cited 29 times
... Present: Williams, C.J., Flaherty, Suttell, and Robinson, JJ. OPINION Addressing the issues seriatim for a unanimous Court, Chief Justice Williams authored Tracks I and II and Associate Justices Suttell, Flaherty, and Robinson authored Tracks III, IV, and V, respectively. In this landmark ...
756 A.2d 179 (2000) | Cited 29 times
... OPINION We face here the propriety of a Superior Court motion justice deciding on summary judgment various questions related to asserted gift-giving and debt-forgiveness among family members. The plaintiffs, Mary P. Mitchell (Mary) and George Mitchell (George), claimed that the defendant Charles ...
709 A.2d 465 (1998) | Cited 29 times
... The defendant, Danny L. Brown, appeals from a judgment convicting him on three counts of first-degree sexual assault and three counts of first-degree child molestation sexual assault. The trial Justice sentenced him to serve concurrent terms of forty years for each count, with twenty years ...
763 A.2d 971 (2001) | Cited 29 times
... (K1/96-155 A) OPINION This case came before the Supreme Court on appeal by the defendant, John R. Pacheco, Jr., from a judgment of conviction of one count of first-degree murder, one count of conspiracy to commit murder, and on application for reduction of his sentence. The defendant, after a ...
746 A.2d 1228 (2000) | Cited 29 times
... OPINION Under applicable state law and consistent with the free-speech rights protected by the United States Constitution, can a municipality enact an ordinance that prohibits displays of nudity at local liquor-serving establishments? For the reasons bared below, we answer this question in the ...
734 A.2d 508 (1999) | Cited 29 times
... Appeal from County: SOURCE OF APPEAL: Superior Providence JUDGE FROM OTHER COURT: Silverstein, J. Judges: Weisberger, C.J., Lederberg, Flanders, and Goldberg, JJ. OPINION A cold-blooded execution-style murder of a seventeen-year-old boy brings James J. Powers (Powers) before this Court for a ...
945 A.2d 339 (2008) | Cited 28 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The plaintiff, the North Providence School Committee (school committee), appeals to this Court from the entry of judgment confirming an arbitral award in favor of the defendant, the North Providence Federation of ...
935 A.2d 956 (2007) | Cited 28 times
... JUSTICES: Williams, CJ., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION Justice Robinson for the Court. The Family Court, a legislatively created court of limited jurisdiction, 1 acting pursuant to G.L. 1956 § 9-24-27, has certified the following question to this Court: "May the Family ...
767 A.2d 35 (2001) | Cited 28 times
... OPINION Did a retired state employee's detrimental reliance on advice given to him by agents of the State Retirement Board (board) -- advice that was contrary to state law -- estop the board from suspending the retiree's pension when it discovered he was also working full-time for a municipality? ...
743 A.2d 1038 (2000) | Cited 28 times
... Garcia from 96-169 Supreme Court OPINION A night of road rage and vengeful arson culminated in a family of six innocent victims, including four children, burning to death in a Providence house fire. Convicted of the grisly crimes leading to this holocaust, the defendant, Jose Garcia, challenges ...
748 A.2d 806 (2000) | Cited 28 times
... OPINION The petitioner, James Toole (Toole), appeals from the Superior Court's denial of his application for post-conviction relief. After his conviction on three counts of first-degree sexual assault upon a child under the age of thirteen and on two counts of first-degree sexual assault by force ...
754 A.2d 98 (2000) | Cited 28 times
... OPINION The plaintiff, Michael Dubis, appeals from the entry of a cross-motion for summary judgment in favor of the defendant, the East Greenwich Fire District (fire district), and from the denial of his own motion for summary judgment. At issue in this case is the proper method for calculating ...
763 A.2d 622 (2000) | Cited 28 times
... OPINION Did claims for tortious interference with contract arise from the filing of two notices in the land-evidence records pertaining to a right of first refusal (RFR) to purchase real estate? Not in this case, we hold, for the reasons recorded below. Facts and Travel The defendants, William ...
882 A.2d 1097 (2005) | Cited 28 times
... Present: Williams, C.J., Flaherty, and Suttell, JJ. OPINION The defendants, Gahlil Oliveira, 1 Victor St. Hill, and Amita St. Hill, appeal from a judgment of conviction on two charges. A jury found Gahlil Oliveira and Victor St. Hill guilty of the first-degree felony murder of Grady Bolden. The ...
785 A.2d 1132 (2001) | Cited 28 times
... OPINION This case came before the Supreme Court on November 6, 2001, on appeal by the applicant, Gerard T. Ouimette (Ouimette or applicant), from a Superior Court judgment, denying his application for post-conviction relief. The applicant is before the Court in response to a sentence enhancement ...
941 A.2d 138 (2008) | Cited 28 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The plaintiffs, Carolyn M. DelFarno and Beverly Forte, 1 appeal from a January 5, 2006 judgment in favor of the defendants, James A. Notarantonio, Susan Antonio, and Lisa Notarantonio 2 in this dispute over gifts of ...
943 A.2d 1045 (2008) | Cited 27 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION This case came before the Supreme Court on February 7, 2008, pursuant to our issuance of a writ of certiorari. Heidi Iselin (plaintiff or Iselin), seeks review of a Superior Court judgment affirming a decision of the ...
812 A.2d 799 (2002) | Cited 27 times
... OPINION Can the Superior Court remand an arbitration award to the arbitrator for clarification? We answer in the affirmative. A Superior Court justice properly vacated an arbitrator's punitive damages award and remanded the award to the arbitrator. We affirm the Superior Court's confirmation of ...
798 A.2d 901 (2002) | Cited 27 times
... OPINION The third-party plaintiffs, Richard N. Morash and Hadbury, Inc. (collectively referred to as Morash), appeal from an order of the Superior Court dismissing their complaint against two attorneys and a law firm. Morash alleged that Peter F. Olberg (Olberg) and Eric Shaw (Shaw), on behalf of ...
747 A.2d 455 (2000) | Cited 27 times
... OPINION In this appeal we review the granting of a motion for new trial by a trial justice because of an alleged error of law committed by him during trial. I. Case Facts and Travel The plaintiff, Mary Ann Votolato (Votolato) individually, and as the administratrix of the estate of her daughter, ...
767 A.2d 60 (2001) | Cited 26 times
... OPINION This case came before the Court on cross-appeals from a grant of summary judgment entered in favor of the plaintiffs, M&B Realty, Inc. (M&B), Bluebill, Inc. (Bluebill), and William and Dorothy Backman (plaintiffs or Backmans). The defendants, Pierre, Anne, Jean, Karen, Gerard, and Barbara ...
901 A.2d 1136 (2006) | Cited 26 times
... Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION The Town of Barrington (town) appeals from a decision of the State Housing Appeals Board (SHAB) that would allow for the construction of a fifty-unit low or moderate income housing development. Reversing a decision of ...
759 A.2d 959 (2000) | Cited 26 times
... OPINION Two women agreed to become the parents of a child. They arranged for one of them to conceive via artificial insemination by an anonymous donor. Following the child's birth, they raised him for four years while living together as domestic partners in the same household. Thereafter the women ...
787 A.2d 1136 (2001) | Cited 26 times
... OPINION In this declaratory judgment action, RICO Corporation and the Town of Exeter (plaintiff and defendant, respectively), each appeal from the partial granting and partial denial of their respective cross-motions for summary judgment by a justice of the Washington County Superior Court on ...
793 A.2d 1035 (2002) | Cited 26 times
... OPINION In this case, the plaintiff, Louis J. Giuliano, appeals from the granting of a motion to dismiss his complaint in favor of the defendant, Louis A. Pastina, Jr. The plaintiff also appeals the denial of his motion for letters rogatory and the motion justice's order staying all discovery ...