Corporations brought action against fire district and town seeking declaratory judgment, injunction, and refund of fees that allegedly violated Rhode Island Development Impact Fee Act (RIDIFA).
The Superior Court entered summary judgment in favor of district and town. Corporations appealed.
The Supreme Court of Rhode Island held that district’s resolution was adopted without ordinance formalities that were required to impose fees.
Fire district’s resolution was adopted without formalities that were required for enactment of ordinance, which was required under Rhode Island Development Impact Fee Act (RIDIFA) for imposition of fee, assuming fire district had authority to impose and collect development impact fees. Even though district adopted resolution at regular monthly meeting, district did not publish proposed regulation or hold public hearing before it voted to adopt proposed schedule of development impact fees, town charter required such formalities for passing ordinances, and district was required to use same formal procedures that bound town.