Rhode Island Lawyers Weekly named 5 decisions that AP&S won on behalf of our clients among the “Most Important Opinions of 2016.”
Indemnification clause – Snow – Walkway
A defendant landowner, having been sued by a plaintiff who slipped and fell in awarded summary judgment on a third party claim for contractual indemnity against a landscaping company responsible for ice management, a Superior Court judge holds.
Lougee, et al. v. Benchmark Assisted Living,LLC v. DeCastro Landscaping, LLC (Lawyers Weekly No. 61-099-16) (9 pages).
Condominium – Trespass – Counsel fees
A Superior Court judge’s order denying counsel fees in a condominium dispute must be reversed because the word “shall” in the condominium declaration dictates that an award of fees and costs is mandatory following a breach of that document, the Rhode Island Supreme Court rules.
America Condominium Association, Inc., et al. v. Mardo, et al. (Lawyers Weekly No. 60-079-16) (31 pages).
Certificate – Appeal
AP&S Attorneys: John A. Tarantino, Elizabeth M. Noonan, Nicole J. Benjamin
The issuance of a zoning certificate may not be appealed to a zoning board because zoning certificates do not carry with them the force of law, a Superior Court judge ruled.
Little Compton Resorts, Inc. v. Zoning Board for the Town of Little Compton, et al. (Lawyers Weekly No. 61-125-16) (28 pages).
Fast food -Drive-through window
A special use permit was not needed for a fast food restaurant to build and operate a drive-through window in East Greenwich, the Rhode Island Supreme Court says.
CCF, LLC v. Pimental, et al. (Lawyers Weekly No. 60-002-16) (10 pages).