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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Foley v. Osborne Court Condominium, 96-360 (1999) (1999)

Citation
Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
Parent Document
Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-07-26

Full Text

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On February 11, 1999, the Supreme Court ruled that although other constitutional claims had been waived, the plaintiff had adequately briefed and argued his claim of an unconstitutional delegation of power to a private entity in violation of Article 10 of the Rhode Island Constitution (hereinafter Article 10). The Supreme Court remanded the case to the Superior Court with directions to determine whether Title 34, Chapter 36.1 of the Rhode Island General Laws, entitled "Condominium Law," (hereinafter the 1982 Act) represents an unconstitutional delegation of judicial or police power to the condominium association, a private entity.