Renewable Res., Inc. v. Town of Westerly
Annotate this CasePlaintiff, Renewable Resources, Inc., purchased the Potter Hill Mill, which was slated for demolition. Plaintiff and the Town of Westerly subsequently entered into a memorandum of agreement (MOA) in which Plaintiff pledged to meet a series of conditions to stave off demolition. Due to Plaintiff’s failure to expeditiously pursue its development plan, the Town began requesting proposals for the mill’s demolition. Plaintiff subsequently filed this action seeking a preliminary injunction and a permanent injunction against the Town barring demolition of the mill. A superior court justice entered a preliminary injunction order. The superior court later vacated the preliminary injunction and permitted the Town to issue a demolition order, concluding that Plaintiff had breached the MOA. In a subsequent judgment, the superior court dismissed the remaining counts of Plaintiff’s complaint. The Supreme Court affirmed, holding that the hearing justice acted within his discretion in vacating the preliminary injunction.
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