Tucker Estates Charlestown, LLC v. Town of Charlestown

OPINION

Chief Justice WILLIAMS (ret.),

for the Court.

The plaintiff, Tucker Estates Charles-town, LLC (plaintiff), appeals from a Su perior Court judgment dismissing its complaint under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. This case came before the Supreme Court for oral argument on February 2, 2009, based on an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that this appeal may be…