Weybosset Hill Investments, LLC v. Rossi

Summary

The Rhode Island Supreme Court affirmed the denial of Weybosset Hill Investments, LLC’s motion for attorneys’ fees and costs following its successful challenge to municipal property tax assessments. The court held that the underlying action arose from the assessment, rather than the collection, of municipal taxes and therefore did not satisfy the statutory requirements of Rhode Island General Laws § 44-7-12(b). The court also declined to award fees under its inherent authority to fashion remedies in the interest of justice.

Holdings

1. Weybosset was not entitled to attorneys' fees under § 44-7-12(b) because its underlying action arose from the assessment of municipal taxes, not from the collection of a municipal tax levy.
2. The statutory requirement that the losing party have raised no justiciable issue was not satisfied because the defendant raised at least two justiciable issues concerning standing and whether a challenge to a tax assessment was assignable.
3. The court declined to award attorneys' fees under its inherent power because the circumstances did not warrant such an award.

Questions Presented

1. Whether Weybosset was eligible for attorneys' fees under G.L. 1956 § 44-7-12(b) when its underlying action challenged the assessment of municipal taxes but did not involve subsequent collection efforts.
2. Whether the Supreme Court should exercise its inherent power to award attorneys' fees in the interest of justice.
3. Whether the losing party had raised justiciable issues in the underlying litigation.

Disposition

affirmed