Stephen L. Key v. Brown University

Citations

• 163 A.3d 1162
• 2017 WL 2784864
• 2017 R.I. LEXIS 99

Syllabus

The plaintiffs, Stephen L. Key, as Trustee of the Stephen L. Key Trust – 2008, and individually, and Melanie D. Mitchell, appealed from a judgment entered in Superior Court in favor of the defendants, Brown University and the City of Providence. The first count of the plaintiffs' second-amended complaint sought a declaration pursuant to the Uniform Declaratory Judgments Act (G.L. 1956 chapter 30 of title 9) that Brown University's construction of an artificial turf field hockey field with attendant bleachers, press box, electronic scoreboard, and public-address system was an unlawful use under the Providence zoning ordinances. Ruling that the plaintiffs lacked standing to seek such a declaration, a Superior Court justice granted the defendants' motion for summary judgment as to count 1 and entered judgment pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure. After reviewing the record, the Supreme Court concluded that the hearing justice erred in finding that the plaintiffs had no standing with respect to count 1 of the second-amended complaint because the plaintiffs did indeed allege an injury in fact related to their home—allegations which referenced measurable economic injuries that they had suffered as a result of Brown University's project. The Supreme Court, therefore, vacated the order of the Superior Court and remanded the matter for further proceedings.