Mill Road Realty Associates, LLC v. Town of Foster

Syllabus

The plaintiffs, Mill Road Realty Associates, LLC, Morris Maglioli and William L. Ricci, Jr., d/b/a Wright's Auto Parts appealed from a Superior Court order and judgment dismissing their action pursuant to Rule 12(b)(1) of the Superior Court Rules of Civil Procedure. The plaintiffs had sought declaratory and other relief concerning various actions taken by the defendants, the Town of Foster (Town), the Department of Business Regulation (DBR), and named Town of Foster zoning board members. DBR and the Town moved to dismiss the complaint pursuant to Rule 12(b)(2), (5), and (6). At the hearing on the defendants' motions, the trial justice dismissed the complaint pursuant to Rule 12(b)(1), which he raised sua sponte, on the theory that the plaintiffs had failed to provide notice of their claims to the attorney general pursuant to G.L. 1956 § 9-30-11. On appeal, this Court vacated the trial justice's dismissal of the plaintiffs' amended complaint because the trial justice impermissibly dismissed the case without providing the parties an opportunity to present evidence on the trial justice's grounds for dismissal, which he raised sua sponte, and which had not been raised, briefed, or argued by the parties. Furthermore, this Court clarified that compliance with § 9-30-11 does not affect a court's subject-matter jurisdiction but, rather, the authority to proceed with the case as a threshold question. The Court remanded the case with instructions that the trial justice provide the parties an opportunity to present evidence and argument on the notice issue identified by the trial justice.