Legal Opinion · Concurring in part, dissenting in part

Kayak Centre at Wickford Cove, LLC d/b/a Kayak Centre of Rhode Island v. Town of Narragansett

Supreme Court of Rhode Island

Decided June 15, 2015No. 2014-168-AppealPublished

1Concurring in part, dissenting in partJustice Goldberg

I concur with the opinion of the .majority to the extent it holds that the good-faith standard of Gilbane Building Co. v. Board of Trustees of State Colleges, 107 R.I. 295, 299-300, 267 A.2d 396, 399 (1970) applies and necessitates the remand of this case in order for the trial justice to make a determination as to whether the town “acted corruptly or in bad faith, or so unreasonably or so arbitrarily as to be guilty of a palpable abuse of discretion.” Id. at 300, 267 A.2d at 399.1 However, I must disassociate myself from the majority’s conclusion that G.L.1956 § 45-55-5 did not apply to the…

2Cases cited6 opinions

  1. Unistrut Corp. v. State Department of Labor & TrainingSupreme Court of Rhode Island · 2007
  2. Town of Burrillville v. Pascoag Apartment Associates, LLCSupreme Court of Rhode Island · 2008
  3. Gilbane Building Co. v. Board of Trustees of State CollegesSupreme Court of Rhode Island · 1970
  4. John A. Zambarano v. The Retirement Board of the Employees' Retirement System of the State of Rhode IslandSupreme Court of Rhode Island · 2013
  5. H. v. Collins Company v. TarroSupreme Court of Rhode Island · 1997

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