State ex rel. Town of Richmond v. Roode

OPINION

Was a municipality spinning its wheels when it accused the owner and operator of a certain tracked parcel of land of allowing this property to be used for motorized dirt-biking without first obtaining a license to do so? Yes, we hold, because the enabling legislation in question did not authorize the town to license this particular use of the property.

The Town of Richmond (town) appeals from a Superior Court judgment dismissing five consolidated criminal actions that it filed against defendants, property owner Baron Holdings, LLC (Baron) and its managing member, Leo R. Roode, III. The…