· 6/23/2017

Roadepot, LLC v. Home Depot, U.S.A., Inc.

Citations

  • 163 A.3d 513
  • 2017 WL 2709435
  • 2017 R.I. LEXIS 94

Syllabus

The construction of a sewer line by the Town of Coventry has generated litigation almost as prodigiously as it has carried effluent to the West Warwick sewer treatment plant. In the consolidated appeals before the Supreme Court: (1) Roadepot, LLC and Keyserton, LLC (collectively, Roadepot) appealed from a partial summary judgment in favor of Home Depot U.S.A, Inc. (Home Depot) obligating Roadepot to pay certain disputed sewer assessment charges (2) Roadepot appealed from a judgment, following a bench trial on Home Depot's counterclaim, requiring Roadepot to reimburse Home Depot for sewer assessment charges paid by the latter from 2005 through 2014 and (3) Home Depot cross-appealed from the trial justice's decision limiting its request for prejudgment interest and denying its claim for late fees on the sewer assessment charges. The Supreme Court vacated the judgment of the Superior Court to the extent it required Roadepot to pay Home Depot a sum equal to the Fast Track Assessment payments made by Home Depot before September 17, 2009. The Supreme Court affirmed the judgment in all other respects and remanded the case to the Superior Court to conduct further proceedings.

Judges: Suttell, Goldberg, Flaherty, Robinson, Indeglia

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