62 F. Supp. 3d 233
D.R.I.2014Background
- The Town of Portsmouth sued in April 2013 seeking to block tolls on the Sakonnet River Bridge and for injunctive/declaratory relief.
- RI enacted law in June 2014 prohibiting tolls on the Bridge after June 30, 2014, rendering tolling moot.
- The Bridge opened toll-free in 2012; RITBA planned tolls and ROT requests followed.
- DOT and FHWA reevaluated the toll plan under NEPA, including an all-electronic tolling system, leading to various administrative steps.
- RI General Assembly later prohibited tolls entirely; toll collection ceased by June 30, 2014 and tolling equipment was removed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot due to toll prohibition. | Portsmouth argues ongoing tolling could recur. | Defendants contend mootness since tolls are prohibited. | Moot; no live controversy remaining. |
| Whether voluntary cessation preserves standing for review. | RI may reauthorize tolls; cessation is voluntary. | Legislature’s action shows no reasonable expectation of reimposition. | Voluntary cessation exception does not apply. |
| Whether disgorgement/restitution claims survive mootness. | Restoration of toll funds remains a live dispute. | No live controversy; relief premature or speculative. | Disgorgement/restitution claims dismissed as moot. |
Key Cases Cited
- County of Los Angeles v. Davis, 440 U.S. 625 (1979) (two-part mootness test: no reasonable expectation of recurrence; relief halted)
- Spencer v. Kemna, 523 U.S. 1 (1998) (advisory opinions disallowed when no continuing effects)
- New England Regional Council of Carpenters v. Kinton, 284 F.3d 9 (1st Cir. 2002) (voluntary cessation requires reasonable expectation of repetition)
- American Civil Liberties Union v. U.S. Conference of Catholic Bishops, 705 F.3d 44 (1st Cir. 2013) (advisory declaratory judgments disfavored in mootness)
- Abbott Laboratories v. Gardner, 387 U.S. 136 (1967) (ripeness/mootness principles for administrative actions)
- Endsley v. City of Chicago, 230 F.3d 276 (7th Cir. 2000) (private right of action absent; preliminary injunction viability)