Tomaino v. Concord Oil of Newport, Inc.

OPINION

WEISBERGER, Chief Justice.

This case comes to us on cross-appeals from a judgment entered in Superior Court. The plaintiffs’ complaint sought declaratory relief, injunctive relief, and money damages on the issue of ownership of certain underground gasoline tanks located on three separate parcels of land owned by the plaintiff Joseph M. Tomaino (Tomaino or plaintiff). 1 For the reasons set forth below, we affirm in part and reverse in part. The facts insofar as are pertinent to the instant appeal are as follows.

In 1976 Tomaino became a 26-percent owner of Concord Oil Company (Concord), a…