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plaintiffappealtrialwillsustained

plaintiffappealtrialmotionwillsustainedbeyond a reasonable doubt

Related Cases

Rosen v. Restrepo, 119 R.I. 398, 380 A.2d 960

Facts

The plaintiffs, Hilton and Faye Rosen, are residents and taxpayers of Lincoln, Rhode Island. They appealed the dismissal of their action against the town tax assessor, which sought to compel the assessor to evaluate the Lincoln Mall at the same percentage of its full and fair cash value as other properties in the town. The trial justice dismissed the case, arguing that the assessment involved discretion and that the Rosens lacked standing.

Issue

Did the plaintiffs have standing to bring the action, and did their complaint state a claim upon which relief could be granted?

Rule

Mandamus will not lie to compel a public official to perform a discretionary act, and standing is determined by whether the plaintiff alleges an injury in fact.

Analysis

The Supreme Court found that the plaintiffs' complaint sufficiently alleged that the tax assessor was applying a lower assessment percentage to the Lincoln Mall compared to other properties, which could lead to disproportionate taxation. The court emphasized that the plaintiffs had a right to challenge the assessor's actions as they could be financially harmed by the unequal assessment.

In examining plaintiffs' complaint, we employ the criteria for considering a 12(b)(6) motion which were first expressed in the seminal case of Bragg v. Warwick Shoppers World, Inc., 102 R.I. 8, 227 A.2d 582 (1967). For the purpose of considering such a motion, the allegations of the complaint are to be taken as true and are to be viewed in the light most favorable to the plaintiff; no complaint shall be dismissed unless it is clear beyond a reasonable doubt that the plaintiff will be unable to prove his right to relief, that is, unless it appears to a certainty that the plaintiff will not be entitled to relief under any set of circumstances which might be proved in support of the claim.

Conclusion

The Supreme Court sustained the appeal, vacated the judgment of the Superior Court, and remitted the case for further proceedings.

The plaintiffs' appeal is sustained, the judgment appealed from is vacated, and the case is remitted to the Superior Court for further proceedings.

Who won?

The plaintiffs, Hilton and Faye Rosen, prevailed because the Supreme Court determined that their complaint stated a valid claim and that they had standing to sue.

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