North End Realty, L.L.C. v. Mattos
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Plaintiff North End Realty, a developer, filed a complaint in superior court seeking declaratory and injunctive relief against defendants, the town planner, finance director, and members of the town council of East Greenwich, after the town mandated that North End pay a $200,000 fee-in-lieu before it could record any subdivision approval it might receive from the planning board and begin to develop property. The hearing justice ruled that North End had failed to establish there was a likelihood of success of its claim and entered judgment in favor of defendants. On appeal, North End made several arguments, one of which was that the town did not have the requisite statutory authority to impose the fee-in-lieu. The Supreme Court vacated the judgment of the superior court, holding that the town may not legally impose a fee-in-lieu in the absence of enabling authority from the general assembly. Remanded with directions to issue an order enjoining the town from imposing, assessing, or collecting the fee-in-lieu.
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