Before this Court is an appeal from a decision of the Town of Cumberland Zoning Board of Review (Board), which granted Americo Soares (Soares or Applicant) a dimensional variance to construct a two family home on his property. Appellant Daniel Smalley (Appellant) seeks reversal of the Board's decision. Jurisdiction is pursuant to G.L. 1956 § 45-24-69. For the reasons set forth herein, the Court affirms the Board's decision... FACTS AND TRAVEL... A detailed recitation of the facts of this...  

Before this Court is an appeal of a decision by the Narragansett Planning Board (Planning Board), granting approval of a comprehensive permit application submitted by Donna Kennedy and Michael McLoughlin. Kennedy and McLoughlin seek permission, pursuant to G.L. 1956 § 45-53-1 et. seq., "Rhode Island Low and Moderate Income Housing Act" (the act), to subdivide Kennedy's property to recreate three previously-merged lots and to develop affordable housing on one of those lots. Barry A....  

This case came before the Supreme Court on the petition for certiorari filed by Edward and Teresa Timpson seeking review of a Superior Court judgment that reversed a decision of the Zoning Board of Review of the Town of South Kingstown and ruled that the Timpsons' lot fronting Ministerial Road in South Kingstown is an illegal nonconforming lot under the zoning ordinance and subdivision regulations of the Town of South Kingstown... This case came before the Supreme Court for oral argument on...  

The Defendant, Kent County Memorial Hospital ("Kent"), moves for leave to amend its answer to add additional affirmative defenses. The Plaintiffs, Stephanie M. O'Brien and Michael O'Brien, individually and as next friend of Brendan O'Brien, a minor, ("Plaintiffs"), object to Kent's motion. For the reasons stated below, this Court denies Kent's Motion to Amend... I... Facts and Travel... This case stems from the birth of Plaintiffs' son, Brendan O'Brien. Brendan was born...  

This matter is before the Court on the motion of plaintiff, Exeter-West Greenwich Regional School District School Committee ("EWG" or "District") to stay and vacate an arbitration award finding that EWG had violated its Collective Bargaining Agreement ("CBA") with the defendant, Exeter-West Greenwich Regional School District Teachers' Association/NEARI/NEA, ("Union") when it created a Fine Arts Department without first obtaining the agreement of the Union. The...  

Sylvan J. Vaicaitis, Patricia C. Vaicaitis, John F. Conforti, Alexandra B. Cook, Bernard J. Nascenzi and Anita L. Nascenzi ("Plaintiffs"), are owners of certain adjoining real estate within the Town of Narragansett, Rhode Island, and are before the Court requesting declaratory relief that would require the Town of Narragansett ("Town") to amend its Comprehensive Plan and to change the zoning of Plaintiffs' properties. The Town previously denied Plaintiffs' application for an...  

Before this Court is an appeal from a decision of the Rhode Island Department of Labor and Training (the "Department") finding that David Cate ("Cate"), a former employee of appellant Harbor Cruises LLC ("Harbor"), is entitled to overtime payments pursuant to R.I.G.L. 1956 §42-14-4.1 For the reasons set forth in this Decision, this Court affirms the Department's decision... I... Relevant Factual Background and Procedural History... Harbor, also known as "Boston...  

This matter is before the Court on the motion of Petra Finance Inc. (Petra) to file its answer and statement of claim out of time. For the reasons set forth below, the motion is granted... Facts and Travel... Defendant, Rhode Island Construction Services, Inc., (RI Construction) is the owner of an historic mill in Coventry, Rhode Island. Defendant is attempting to develop the mill for residential use. Plaintiff, Thomas Lonardo & Associates, Inc., (Lonardo) alleges that it was retained to...  

The late United States Supreme Court Justice Louis Brandeis once said that "sunlight is said to be the best of disinfectants... ... ... ... "1 The Plaintiffs, Michael Downey, Individually and in his Capacity as President of Rhode Island Council 94, A.F.S.C.M.E., AFL-CIO and Rhode Island Council 94, A.F.S.C.M.E. (Council 94) (collectively, Plaintiffs), argue that they have been thwarted in their efforts to shed "sunlight" on the use of private contractors to perform public...  

The defendant, Michael Mendoza, appeals from a Superior Court order denying his posttrial motion to reduce his sentence under Rule 35 of the Superior Court Rules of Criminal Procedure. The parties appeared for oral argument on September 22, 2008, pursuant to an order of this Court to show cause why the issues raised in this appeal should not summarily be decided without further briefing or argument. After considering the record, the memoranda submitted by the parties, and the oral arguments...  

This action concerns the validity of an arbitration decision that interpreted a commercial lease between Providence and Worcester Railroad Company ("P&W") and Pawtucket Transfer Operations, LLC ("PTO") as requiring PTO to pay P&W the Annual Car Load Guarantee Fee for the years of 2005, 2006, and 2007 in addition to $4,000 per month in Base Rent... For the reasons set forth in this decision, this Court finds that the Arbitrator did not exceed his powers by interpreting the lease...  

Before this Court is an appeal from a decision of the Town of Exeter Zoning Board of Review (Board), which denied the dimensional variances sought by Richard and Jean Siciliano (Appellants). The Appellants seek a reversal of the Board's decision. Jurisdiction is pursuant to G.L. 1956 § 45-24-69... FACTS AND TRAVEL... The lot in question is located on East Shore Drive in the Boone Lake area of the Town of Exeter, Rhode Island, otherwise identified as Assessor's Plat 83, Block 10, Lots Nos....  

In this administrative appeal, the Montessori Centre of Barrington, Inc. ("Montessori") challenges a decision of the Zoning Board of Review for the Town of Barrington, sitting in its capacity as the Planning Board of Appeals (the "Board of Appeals"), that denied its request for a special use permit that would have allowed Montessori to expand its existing day care center and school into the second floor of the building. For the reasons set forth in this Decision, this Court...  

Before the Court is the appeal of William V. Irons ("Irons"), seeking reversal of two orders issued by the Rhode Island Ethics Commission ("Ethics Commission" or "Commission"). In those orders, the Ethics Commission denied Irons' motion to dismiss a complaint against him and denied Irons a jury trial before the Commission. The Commission objects. Jurisdiction is pursuant to the Rhode Island Administrative Procedures Act ("RIAPA"), G.L. 1956 §...  

The matter is presently before the Court on Defendant Capital One Financial Corporation's Motion to Dismiss Counts I and III of Plaintiff Sonia L. Wilson's Complaint for failure to state a claim upon which relief maybe granted, pursuant to Rule 12(b)(6) of the Rhode Island Rules of Civil Procedure. Specifically, Defendant argues Plaintiff's claims are "preempted" by federal law. Plaintiff filed her objection to Defendants' motion... FACTS AND TRAVEL... In this matter Plaintiff alleges...  

John Rocchio Corp. (Rocchio Corp.) is the Plaintiff and Defendant in the Counterclaim. Logville Pre-Cast, Inc. (Logville) is the Defendant, the Plaintiff in the Counterclaim, and the Third-Party Plaintiff. John Rocchio, Jr. (Rocchio) is the Third-Party Defendant... Facts and Travel... On or about June 12, 2003, Plaintiff and Defendant entered into a contract pursuant to which Defendant would produce pre-cast stone for the front facade of Rocchio's residence in return for $15,000, plus Rhode...  

Before this Court is Plaintiffs', Barbara Brokaw, Raymond Mutz, Tammy Oakley, and Delza Young, (Plaintiffs) Rule 37 motion to compel Defendants C.R. Bard, Inc. and Davol Inc. (collectively "Defendant") to produce a confidential audit report of their quality systems conducted by an outside consultant. At issue is whether Defendant may assert a previously unknown privilege—the self-critical analysis privilege—to protect confidential self-evaluations of this type from...  

Before this Court for decision are Plaintiff's motions for partial summary judgment on Count I ("unfair representation") and Defendant's cross motions for summary judgment on Counts I, II ("breach of contract") and III ("bad faith"). The essence of this controversy is an unfair representation claim brought by the Plaintiff, Rosemary Davidson ("Davidson") against the Defendant Union, the National Education Association Middletown ("the Union")... Travel and...  

The defendant, Roger Forand, appeals from his November 10, 2006 judgment of conviction following a jury-waived trial in the Superior Court for Washington County with respect to two counts charging him with felony assault in violation of G.L. 1956 § 11-5-2 and interference with the use of a telephone in an emergency in violation of G.L. 1956 § 11-35-14. On the assault conviction, the defendant was sentenced to ten years imprisonment, three years to serve; on the conviction for...  

The present case arises out of an alleged incident of child abuse which, by all accounts, occurred on January 5, 2005. Based on the alleged incident, the State filed a criminal information with the Rhode Island Family Court on November 14, 2007 that formally charged the Defendant with a violation of G.L. 1956 § 11-9-5.3.1 However, at the time the information was filed, Family Court jurisdiction over the underlying matter had been changed pursuant to the enactment of P.L. 2006, ch. 260,...