Finnimore & Fisher Inc. d/b/a Island Moped v. Town of New Shoreham

Syllabus

The defendant, the Town of New Shoreham, appealed from the Superior Court's entry of a preliminary injunction enjoining enforcement of certain amendments to the New Shoreham General Ordinance, chapter 8, article IV, entitled Motorized Cycle Rental. The plaintiffs are New Shoreham businesses that rent mopeds: Finnimore & Fisher Inc. d/b/a Island Moped Miles-Un-Ltd., Inc. Aldo's Mopeds, Inc. The Moped Man, Inc. and Ocean State Bikes, Inc. <br><br>On appeal, the defendant specified three errors by the hearing justice. First, the defendant alleged that the hearing justice construed the enabling legislation too narrowly, resulting in her improperly limiting the authority of the town to enact ordinances in the interest of public health, safety, and welfare. Second, the defendant contended that the hearing justice erred in substituting her judgment for the defendant's as to the meaning of the word \reasonable.\ Third, the defendant argued that the hearing justice erred in determining that the plaintiffs would suffer irreparable harm if the amendments in question were enforced. <br><br>The Supreme Court held that the hearing justice did not err in her interpretation of the enabling legislation, specifically G.L. 1956 § 31-19.3-5. The Court further held that the hearing justice did not err in declining to reach the constitutionality of the amended provisions and that she correctly found that the plaintiffs had established a reasonable likelihood of success on the merits. Finally, the Court concluded that the hearing justice did not abuse her discretion in finding that the plaintiffs would be irreparably harmed by the enforcement of these amendments. <br><br>Accordingly, the Supreme Court affirmed the Superior Court order granting in part the plaintiffs' motion for preliminary injunction.