Products liability – Standing – Future harm – Lightning
Where summary judgment was awarded to the defendant manufacturer of corrugated stainless steel tubing, the judgment must be affirmed because the plaintiff’s alleged risk of harm in the event of a...
View ArticleZoning – Standing – Lessee
Where a commercial lessee brought suit challenging special use permits issued to a nearby landowner, the complaint must be dismissed for lack of standing. “It is an issue of first impression for this...
View ArticleBankruptcy – Standing – Automatic stay – Turnover
Where an unsecured creditor has moved for an order preventing another creditor from enforcing a judgment against a Chapter 7 debtor, the motion must be denied for lack of standing. “The Motion to...
View ArticleMunicipal – Standing – Parking
Where a plaintiff owner of a commercial condominium unit has brought suit alleging that the town of Westerly violated a town ordinance in approving a parking plan for the property, the claims against...
View ArticleMortgages – Standing – Assignment
Where the plaintiff lacked standing to challenge a mortgage assignment, the judge erred when he denied the mortgagee’s motion for a protective order. Accordingly, the order denying the motion is...
View ArticleWills and trusts – Standing
Where a niece of a decedent has appealed from a court order admitting the decedent’s will, the appeal must fail for lack of standing. An award of counsel fees must be reversed, however. No standing “On...
View ArticleMortgages – Standing – Assignment
Where a plaintiff, having acquired real property secured by a mortgage, brought suit challenging the validity of an assignment of the mortgage, the complaint must be dismissed for lack of standing....
View ArticleZoning – Standing – Building permit
Where plaintiffs requested that the Little Compton zoning board reverse the Town Building Official’s determination that a defendant did not need a building permit to erect a shed, the zoning board’s...
View ArticleWills and trusts – Standing – Underfunded trust
Where a separation agreement required a divorced father to create and contribute to a trust for the benefit of his daughter, the executrix of the daughter’s estate lacks standing to sue the estate of...
View ArticleMunicipal – Standing – BIPCO
Where the plaintiffs — certain New Shoreham residents, taxpayers and Block Island Power Company ratepayers — challenged the town’s purchase of two-thirds of the shares of BIPCO for $1.8 million, a...
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