Zanni v. Town of JohnstonAnnotate this Case
The Supreme Court affirmed the judgment of the superior court entering summary judgment in favor of the Town of Johnston and dismissing Plaintiff's suit alleging claims of governmental promissory estoppel and deprivation of property rights after the Town denied Plaintiff's requests for health benefits set forth in Ordinance 767, holding that Plaintiff was not eligible to receive benefits under the ordinance.
Plaintiff served on the Johnston Town Council from 1981 until 1994. In 1989, the Town passed and adopted Ordinance 767, which established various benefits for certain town officials. In 1993, Ordinance 767 was repealed by Ordinance 913. In the early 2000s Plaintiff made several demands on the Town for the health benefits set forth in Ordinance 767, arguing that his entitlement to those benefits had vested as of 1991. After the Town denied those requests Plaintiff filed suit. The superior court granted summary judgment for the Town. The Supreme Court affirmed, holding (1) the clear and unambiguous language of Ordinance 767 indicates that Plaintiff was not eligible to receive benefits under the ordinance; and (2) Ordinance 767 sought to create a right to health benefits that did not previously exist, and therefore, the enactment could not be deemed a remedial ordinance.