Ucci v. Town of CoventryAnnotate this Case
In this dispute over a strip of real property in the Town of Coventry the Supreme Court affirmed the judgment of the hearing justice issuing declaratory judgment in Plaintiffs’ favor after having granted Plaintiffs’ motion for summary judgment, holding that the hearing justice did not err in the proceedings below.
The Town argued that the real property had been dedicated to the Town as a public street in 1946. The hearing justice determined that, even assuming for the sake of deciding that there had been a dedication, there was nothing to support the Town’s position that the dedication was accepted either by public use or by official action. The Supreme Court affirmed, holding (1) because the Town explicitly conceded that there had been no acceptance of the purported offer of dedication of the strip of land, the hearing justice did not err in granting summary judgment for Plaintiffs on that basis; and (2) there was no completed dedication of the strip of property because the Town failed to accept the purported offer of dedication within a reasonable period of time and thereby forfeited its right to accept that purported offer.