NEWPORT COURT CLUB ASSOC. v. TOWN COUNCIL OF MIDDLETOWN

No. 2000-7-Appeal.

800 A.2d 405 (2002)

NEWPORT COURT CLUB ASSOCIATES d/b/a Newport Athletic Club et al. v. TOWN COUNCIL OF THE TOWN OF MIDDLETOWN et al.

Supreme Court of Rhode Island.

June 19, 2002.


Attorney(s) appearing for the Case

Randall L. Souza, Providence, for Plaintiff.

Steven M. Richard/Peter J. McGinn, for Defendant.

Present: LEDERBERG, BOURCIER, FLANDERS, GOLDBERG, JJ., and WEISBERGER, C.J. (ret.).


OPINION

LEDERBERG, Justice.

If the General Assembly authorizes the town council of a home-rule municipality to include charges for sewer-related debt service and capital costs on its sewer bills, does the levy need to be approved by a town referendum? It is our opinion that it does not require voter approval in this case in which the plaintiff, Newport Court Club Associates d/b/a Newport Athletic Club (Newport Court or plaintiff),1

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