9 results for 'judge:"Prata"'.
J. Prata finds that the trial court properly granted the town summary judgment in claims contending the town was not authorized to review a major land development application because a town resident failed to establish standing or grounds to challenge the ruling, and failed to raise claims that the town engaged in illegal contract zoning in the superior court. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: May 7, 2024, Case #: 22-326, Categories: Civil Procedure, Zoning
J. Prata finds that the trial court properly granted plaintiff declaratory and injunctive relief in claims contending a neighbor violated a restrictive covenant by permitting the unbridled growth of his landscaping, and properly dismissed the laches defense since defendant did not explain why plaintiff's proffered reasons for delaying litigation would be erroneous. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: April 2, 2024, Case #: 23-74, Categories: Civil Procedure, Property, Negligence
J. Prata finds that the trial court properly denied plaintiff's adverse possession claims for lack of credible evidence of trespass or obstructions concerning the private road in question. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: February 22, 2024, Case #: 22-309, Categories: Property
J. Prata affirms a lower court ruling in favor a hospital and against the estate of a gastroenterologist, finding the trial court properly dismissed the doctor’s state law whistleblower allegations against his supervisor for financial misconduct and inappropriate relations with the facility’s head endoscopy nurse. The doctor’s "arguments distort the evidence in a retrospective attempt to mold the facts" into a state law whistleblower protection claim. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: January 16, 2024, Case #: 22-42, Categories: Evidence, Health Care, Whistleblowers
J. Prata finds that the Superior Court improperly dismissed a daughter’s appeal arguing against a probate court’s decision to admit her father’s last will and testament and appoint the decedent’s son as the executor. The lower court found the daughter untimely filed her reasons 32 days after the court’s order, missing the 30-day deadline. The instant court finds the deadline should have been extended as it fell on a weekend. The matter is remanded to the lower court for further proceedings. Vacated.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: January 11, 2024, Case #: 2022-316, Categories: Civil Procedure, Wills / Probate
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J. Prata finds the trial justice improperly granted defendant's motions to suppress evidence of approximately 94 pounds of marijuana seized from a vehicle during a traffic stop. There was reasonable suspicion to prolong the traffic stop after detecting a slight odor of marijuana. Vacated.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: July 27, 2023, Case #: 21-153, Categories: Drug Offender, Vehicle
J. Prata finds petitioner is entitled to the office of Chariho Regional School Committee member. However, petitioner Johnson cannot retain his membership on the school committee following his appointment to same by the council.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: July 18, 2023, Case #: 23-26, Categories: Agency