City of Portsmouth v. Cederquist Rodriguez Ripley, P.C.

By Judge Dean W. Sword, Jr.

This opinion letter is addressed to two specific issues: (1) whether the “Dillon Rule” prohibits the enforcement of an arbitration provision contained in a least one of the contracts at issue and (2) whether this is a contract or tort action.

The court finds for the reasons stated hereafter that the answer to the first question is no and, secondly, this is a contract matter. As noted hereafter, my record is not adequate to enter orders resolving all of the issues and I am directing counsel to attempt this task.

Counsel for the defense suggests that the terms of the…