Paul F. Nardone et al. v. Natale Ritacco et al.

Summary

The Rhode Island Supreme Court reviewed a dispute concerning the location and use of a deeded right-of-way over the plaintiffs’ property. The court affirmed the determination that the right-of-way ran along the northern boundary and upheld attorney’s fees awarded as a contempt sanction, but remanded for findings on the defendants’ claims of a prescriptive easement and an easement by substitution.

Holdings

1. The Superior Court properly determined that the deeded right-of-way ran along the northern boundary of plaintiffs' property.
2. The Superior Court's failure to address the factual and legal elements of defendants' prescriptive-easement claim required reversal and remand for a new trial.
3. The Superior Court's failure to make findings of fact and conclusions of law on defendants' easement-by-substitution claim required reversal and remand for a new trial.
4. The Superior Court did not abuse its discretion by awarding plaintiffs $8,147 in attorney fees as a sanction for defendants' civil contempt.

Questions Presented

1. Whether competent evidence supported the Superior Court's determination that the deeded right-of-way was located along the northern boundary of plaintiffs' property rather than including plaintiffs' driveway.
2. Whether the Superior Court erred by failing to make findings of fact and conclusions of law on defendants' claims for a prescriptive easement over the driveway.
3. Whether the Superior Court erred by failing to make findings of fact and conclusions of law on defendants' claim for an easement by substitution over the driveway.
4. Whether the Superior Court abused its discretion by awarding plaintiffs attorney fees as a sanction for civil contempt without a separate finding of a willful violation.

Disposition

reversed_and_remanded