Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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We have addressed this issue repeatedly and have held that when a party “both fail[s] and neglect[s] to comply with its clear obligation when challenging the constitutionality of a state statute to ‘serve the attorney general with a copy of the *853proceedings,’ * * * [w]e do not believe that this Court should undertake to determine the constitutionality of a state statute in a given case without first affording the Attorney General the opportunity to intervene and be heard. See Crossman v. Erickson, 570 A.2d 651, 654 (R.I.1990).” Global Waste Recycling, Inc. v. Mallette, 762 A.2d 1208, 1214 (R.I.2000). Although on May 14,1998, Krzak amended her original complaint to include an attack on the constitutionality of § 81-44-2, she failed to give the required notice to the Attorney General, and thus we affirm the trial justice’s decision to preclude the constitutional challenge.

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