Warwick Sewer Auth. v. Carlone
Annotate this CaseThe underlying action in this case concerned real property located in the City of Warwick that Defendant, Felix Carlone, dedicated to the City in 1979. Plaintiffs, Warwick Sewer Authority (WSA) and the City, brought a complaint for a declaratory judgment concerning the City's ownership of the property. The superior court granted summary judgment in favor of Plaintiffs. Defendant appealed, contending that he dedicated the property on the condition that it be used as open space, that he maintained a reversionary interest in it, and that, therefore, genuine issues of material facts should have precluded the hearing justice from granting summary judgment. The Supreme Court affirmed, holding (1) because no ambiguity existed on the face of the writings in this case, the parol evidence that Defendant presented rightly was not entertained by the hearing justice to vary the writings' terms; and (2) the property restrictions filed by Defendant with the City did not operate to restrict WSA from rezoning the dedicated land from open space to residential.
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