Warwick Sewer Authority v. Carlone
45 A.3d 493
| R.I. | 2012Background
- In 1979, Carlone dedicated a portion of Governor Francis Farms to the City of Warwick in lieu of a fee, shown on a plat that labeled the land as dedicated to Warwick.
- A plat card signed by the planning board chair and recorded the same day evidenced the dedication.
- Carlone filed after dedication a Restrictions and Protective Covenants stating the land was to be used exclusively for residential/open space and that restrictions run with the land.
- The land was zoned A-10 at dedication; Warwick rezoned it to open space in 1988 and later sought to rezone back to A-10 for a sewer pump station.
- In 2009 the planning board allowed rezoning to A-10 for the pump station, but the Warwick City Council refused, prompting WSA to seek declaratory relief.
- The hearing justice granted summary judgment to the plaintiffs, and the Superior Court later issued amended final judgment including both plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a justiciable controversy and standing to seek declaratory relief | WSA had injury in fact obstructed by Carlone's claims | Carlone asserts no ripe controversy or standing at filing | Yes, justiciable with standing. |
| Whether the dedication constitutes an unconditional grant of land free of Carlone's claims | Plat and plat card show unconditional dedication to Warwick | Parol evidence should clarify ambiguities and show open-space condition | Unambiguous dedication; parol evidence not admitted. |
| Whether summary judgment was proper given open-space versus open-evidence claims and potential restrictions | Documented dedication controls; no ambiguity | Evidence suggests conditional use and reversion rights | Summary judgment affirmed; no genuine issues of material fact. |
Key Cases Cited
- Robidoux v. Pelletier, 120 R.I. 425 (1978) (dedication requires manifest intent and acceptance; plat may evidence intent)
- Newport Realty, Inc. v. Lynch, 878 A.2d 1021 (R.I. 2005) (plat and acceptance evidence dedication; no extrinsic variance absent ambiguity)
- Meyer v. City of Newport, 844 A.2d 148 (R.I. 2004) (standing and justiciability require actual injury and controversy)
- N & M Properties, LLC v. Town of West Warwick, 964 A.2d 1141 (R.I. 2009) (standing requires injury in fact and justiciable hypothesis for relief)
- Goodyear Loan Co. v. Little, 107 R.I. 629 (1959) (establishes criteria for justiciability in declaratory actions)