Albert A. Faella v. Town of Johnston Alan Ross v. Town of Johnston

Syllabus

In these consolidated appeals arising from two consolidated Superior Court civil actions, the Town of Johnston appealed from a judgment of the Superior Court granting declaratory judgment in favor of the plaintiffs, retired town police officers who filed suit in Superior Court seeking declaratory judgment that they were entitled to distribution of certain contributions they and the town had made to certain accounts. The plaintiffs asserted that the accounts were deferred compensation maintained pursuant to Internal Revenue Code § 457 and that they were entitled to full distribution of the funds as a retirement benefit separate from their pensions.<br><br>After the trial justice granted plaintiffs' request for declaratory judgment and entered final judgment in their favor, the town appealed. The Supreme Court held that the trial justice's factual findings overlooked and misconceived material evidence and were clearly erroneous. The Supreme Court concluded that plaintiffs had failed to provide an adequate factual basis for entitlement to the funds and that the grant of declaratory judgment was an abuse of discretion.<br><br>Therefore, the Supreme Court reversed the Superior Court judgment.