Benson v. McKee

8 Citing cases

  1. State v. Tavares

    312 A.3d 449 (R.I. 2024)   Cited 1 times
    Failing to develop a motion for a new trial argument constituted waiver

    [32] While defendant avers that article 6, section 14 limits the General Assembly’s legislative authority to "the creation and control of corporations," this express delegation in no way abrogates what this Court has repeatedly recognized as the General Assembly’s "broad and plenary power to make and enact law, save for the textual limitations that are specified in the Federal or State Constitutions." Benson v. McKee, 273 A.3d 121, 132 (R.I. 2022) (quoting East Bay Community Development Corporation v. Zoning Board of Review of Town of Barrington, 901 A.2d 1136, 1150 (R.I. 2006)). Accordingly, after our de novo review, we reject defendant’s contention that the General Assembly is without constitutional authority to enact the criminal laws upon which Tavares was charged and convicted, and conclude that the trial justice properly denied the motion to dismiss on such a basis.

  2. Apex Oil Co. v. State

    297 A.3d 96 (R.I. 2023)   Cited 6 times

    "The sole function of a motion to dismiss is to test the sufficiency of the complaint." Benson v. McKee , 273 A.3d 121, 127 (R.I. 2022) (quoting Gannon v. City of Pawtucket , 200 A.3d 1074, 1077 (R.I. 2019) ). "In reviewing the grant of a motion to dismiss pursuant to Rule 12(b)(6), this Court applies the same standard as the hearing justice.

  3. Gunvor U.S. LLC v. State

    297 A.3d 131 (R.I. 2023)   Cited 1 times

    "The sole function of a motion to dismiss is to test the sufficiency of the complaint." Benson v. McKee , 273 A.3d 121, 127 (R.I. 2022) (quoting Gannon v. City of Pawtucket , 200 A.3d 1074, 1077 (R.I. 2019) ).

  4. Houllahan v. Gelineau

    296 A.3d 710 (R.I. 2023)   Cited 3 times
    In Houllahan, the Rhode Island Supreme Court neither affirmatively explains that, in fact, equitable estoppel is a tolling doctrine rather than a bar nor did the parties brief the question.

    "The sole function of a motion to dismiss is to test the sufficiency of the complaint." Benson v. McKee , 273 A.3d 121, 127 (R.I. 2022) (quoting Gannon v. City of Pawtucket , 200 A.3d 1074, 1077 (R.I. 2019) ). "When we review the grant of a motion to dismiss pursuant to Rule 12(b)(6), we apply the same standard as the hearing justice."

  5. Roth v. State

    C. A. WC-2023-0440 (R.I. Super. Jul. 12, 2024)

    McKenna v. Williams, 874 A.2d 217, 225 (R.I. 2005); see also Benson v. McKee, 273 A.3d 121, 133-34 (R.I. 2022) ("The General Assembly enacts law; it does not interpret or construe the constitution-that is the function of this Court."). In 1982, our Supreme Court declared "the [MHT] line as the landward boundary of the shore for the purposes of the privileges guaranteed to the people of this state by our constitution."

  6. Sheffield v. Coastal Res. Mgmt. Council

    No. PC-2023-01199 (R.I. Super. Nov. 29, 2023)

    This Court declines to issue a decision that would amount to an advisory opinion regarding issues of law. See Benson v. McKee, 273 A.3d 121, 129 (R.I. 2022) ("'A declaratory-judgment action may not be used for the determination of abstract questions or the rendering of advisory opinions[.]'") (quoting Sullivan v. Chafee, 703 A.2d 748, 751 (R.I. 1997)).

  7. Morelli v. R.I. Pub. Transit Auth.

    C. A. PC-2022-6145 (R.I. Super. Nov. 29, 2023)

    Narragansett Indian Tribe v. State, 81 A.3d 1106, 1110 (R.I. 2014). "In addressing the question of standing, 'the court must focus on the party who is advancing the claim rather than on the issue the party seeks to have adjudicated.'" Benson v. McKee, 273 A.3d 121, 129 (R.I. 2022) (quoting Key v. Brown University, 163 A.3d 1162, 1168 (R.I. 2017)). "The sine qua non of standing is that a plaintiff must have a personal stake in the outcome."

  8. Kramer v. HTX Helicopters, LLC

    C. A. WC-2018-0491 (R.I. Super. Jun. 12, 2023)

    "'There is, however, a narrow exception for documents the authenticity of which are not disputed by the parties; for official public records; for documents central to plaintiffs' claim; or for documents sufficiently referred to in the complaint.'" Benson v. McKee, 273 A.3d 121, 127 (R.I. 2022) (quoting Chase v. Nationwide Mutual Fire Insurance Co., 160 A.3d 970, 973 (R.I. 2017)). The Court should grant a motion to dismiss only "when it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief from the defendant under any set of facts that could be proven in support of the plaintiff's claim."