Property owner has no right to the continuation of public parking lots.(Recent Court Decisions)

The Supreme Court of Rhode Island ruled that a property owner had no legal interest in public parking lots used by its business patrons and could not challenge the sale of the lots to a private party.

N&M Properties, LLC (N&M) owns certain real property in the town of West Warwick that it has leased to the state for use as a motor vehicle registry (DMV) since 1990. Historically, visitors to the DMV have parked in two nearby parking lots owned by the town. In 2007, the town sold the lots to a housing developer but reserved approximately 40 of the 100 spaces to continue as municipal parking. The town also designated an additional 59 parking spaces along the adjacent street.

N&M filed suit against the town to challenge the sale of the lots, arguing that it was unable to secure a renewal lease with the state because of the lack of parking available for DMV patrons. The trial court dismissed N&M's complaint, finding that it had no protectable interest in preserving the municipal lots. N&M appealed.

On review, the state supreme court held that N&M had no standing to challenge the sale of the lots. To have standing, a plaintiff must allege a personal injury distinct from that of the community as a whole, and N&M failed to do so, according to the court. The court noted that N&M had no special ownership rights in the lots and had not entered into an agreement with the town regarding the availability of public parking.

Instead, the court found that the decrease in public parking suffered by N&M was shared equally with other businesses and individuals who used the lots. The court thus concluded that N&M had not suffered any injury redressable by law. The trial court decision was affirmed.

N&M Properties, LLC v. Town of West

Warwick

Supreme Court of Rhode Island

February 27, 2009

964 A.2d 1141 (R.I. 2009)

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