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Legal Opinion

Newport Court Club Associates v. Town Council of the Town of Middletown

Supreme Court of Rhode Island

Decided June 19, 2002No. 2000-7-AppealPublishedCited by 15 opinions

1Opinion of the Court

OPINION

LEDERBERG, Justice.

If the General Assembly authorizes the town council of a home-rule municipality to include charges for sewer-related debt service and capital costs on its sewer bills, does the levy need to be approved by a town referendum? It is our opinion that it does not require voter approval in this case in which the plaintiff, Newport Court Club Associates d/b/a Newport Athletic Club (Newport Court or plaintiff),1 has challenged the constitutionality of a statute that authorized the town council of the Town of Middletown (the town) to charge the town’s sewer users and abutters…

2Cases cited20 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  3. Brennan v. KirbySupreme Court of Rhode Island · 1987
  4. Rhode Island Depositors Economic Protection Corp. v. Bowen Court AssociatesSupreme Court of Rhode Island · 2001
  5. Boucher v. SayeedSupreme Court of Rhode Island · 1983

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3Cited by15 opinions

  1. State v. GermaneSupreme Court of Rhode Island · 2009
  2. Riley v. Rhode Island Department of Environmental ManagementSupreme Court of Rhode Island · 2008
  3. Moreau v. FlandersSupreme Court of Rhode Island · 2011
  4. State v. FariaSupreme Court of Rhode Island · 2008
  5. Viveiros v. Town of MiddletownSupreme Court of Rhode Island · 2009

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