Finnimore & Fisher Inc. d/b/a Island Moped v. Town of New Shoreham

Summary

The Rhode Island Supreme Court affirmed a Superior Court order preliminarily enjoining enforcement of amendments to New Shoreham’s motorized cycle rental ordinance. The Court held that the enabling statute’s six enumerated categories limited the town’s ordinance-making authority and upheld the finding that the challenged amendments were unreasonable. The Court also concluded that potential license loss and resulting damage to the businesses’ goodwill and reputation constituted irreparable harm.

Holdings

1. The six categories enumerated in § 31-19.3-5(b) limit the areas in which New Shoreham may enact moped-related ordinances under the statute; the list is not merely illustrative.
2. The Superior Court did not abuse its discretion in finding that the plaintiffs established a reasonable likelihood of success on their claims challenging the amendments to §§ 8-88 and 8-90.
3. The Superior Court properly declined to decide the constitutional challenges because resolution of those issues was unnecessary to determine the preliminary-injunction motion and the constitutional grounds were not necessary to the decision.
4. The Superior Court did not abuse its discretion in finding that enforcement of the amendments threatened irreparable harm to the plaintiffs through potential loss of their licenses and damage to their businesses’ goodwill and reputations.

Questions Presented

1. Whether G.L. 1956 § 31-19.3-5 limits New Shoreham’s authority to enact moped-rental ordinances to the six categories enumerated in subsection (b).
2. Whether the Superior Court properly determined, for purposes of preliminary relief, that the challenged amendments were unreasonable and that the plaintiffs had a reasonable likelihood of success on the merits.
3. Whether the plaintiffs demonstrated irreparable harm sufficient to support a preliminary injunction.
4. Whether the Superior Court properly declined to reach the constitutional challenges to the amended provisions.

Disposition

affirmed