Asa S. Davis, III v. Town of Exeter et al.

Summary

The Rhode Island Supreme Court affirmed summary judgment for the Town of Exeter in a dispute over whether an undeveloped portion of a subdivision roadway constituted a public road providing access to the plaintiff’s property. The Court held that the disputed land was not dedicated to or accepted by the public as a roadway and that the plaintiff had failed to exhaust available administrative remedies for obtaining the necessary permits.

Holdings

1. The undeveloped land south of the cul-de-sac was not a public roadway because the plat and surrounding evidence showed that the public road was intended to end at the cul-de-sac, and the disputed land was neither accepted nor used as a public road.
2. Davis failed to exhaust administrative remedies because he did not apply for the proper road opening permit, and futility did not excuse that failure.
3. Summary judgment for the Town was proper because no genuine issue of material fact existed concerning the status of the disputed land or Davis's failure to exhaust administrative remedies.

Questions Presented

1. Whether the undeveloped land between Estate Drive's cul-de-sac and Davis's property line was a public roadway through dedication and acceptance.
2. Whether Davis was required to exhaust administrative remedies by applying for the appropriate road opening and related permits before seeking judicial relief.
3. Whether summary judgment was properly granted to the Town of Exeter.

Disposition

affirmed