Shipyard Drive-In-Theatre, Inc. v. Scuncio

This civil action was commenced by the filing of a complaint in the Superior Court as authorized by Super. R. Civ. P. 3. It was heard by a Superior Court justice who concluded that, although by the first prayer which called for injunctive relief the complaint was in the nature of a bill in equity, plaintiffs, when all other prayers were considered, were actually seeking a declaratory judgment as authorized by P. L. 1959, chap. 90, sec. 1, now G. L. 1956, chap. 30 of title 9, as amended. Neither in their oral arguments nor briefs have the parties raised any question regarding the posture of…