Middle Creek Farm, LLC v. Portsmouth Water & Fire District

Syllabus

The defendant appealed from the grant of summary judgment in favor of the plaintiffs in a case concerning the obligation of the defendant to provide water to certain lots of real property on the Portsmouth-Middletown line. The defendant claimed that the hearing justice erred when he granted summary judgment in favor of plaintiffs and decided that three lots within a subdivision were part of the water district's coverage area under its charter. In addition, the defendant argued that the hearing justice erred in not finding that plaintiffs failed to exhaust their administrative remedies and failed to join all other property owners on the Portsmouth-Middletown line as indispensable parties. The Supreme Court determined that the language of the charter, when read as a whole, created a link between taxation and services. Thus, it held that the defendant was required to provide water to the three lots at issue, because they were part of the water district's coverage area and the owners of the lots paid taxes to the district. Additionally, the Supreme Court held that there was no error in failing to join additional property owners, as their interest in the outcome was purely speculative. Accordingly, the Court affirmed the judgment of the Superior Court.