Supreme Court of Rhode Island, 1991

Town of Exeter v. Marathon of R.I., Inc.

Town of Exeter v. Marathon of R.I., Inc.
Supreme Court of Rhode Island · Decided November 21, 1991 · Murray, Shea
598 A.2d 363; 1991 WL 246829 (Atlantic Reporter, Second Series)

Town of Exeter v. Marathon of R.I., Inc.

Opinion of the Court

ORDER

On November 19, 1991, the plaintiff, by its counsel, appeared before a panel of this court to show cause why its appeal from a Superior Court order dismissing its complaint against the defendants should not be denied and dismissed.

After consideration of arguments and memoranda of counsel, the court is of the opinion that cause has not been shown. The ordinance amendments were invalid because the town of Exeter did not comply with the notice requirements. The decision of the trial justice is affirmed. We note, however, that the Superior Court had proper subject matter jurisdiction.

The plaintiff’s appeal is therefore denied and dismissed.

MURRAY and SHEA, JJ., did not participate.

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