Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bonas v. Town of North Smithfield

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Mary M. Lisi, U.S. District Judge]

In this action for declaratory and injunctive relief, four registered voters residing in North Smithfield, Rhode Island (the Town) seek to compel the holding of an election in November of 2001. The plaintiffs claim that the Town’s charter requires such an election and that the refusal of the defendants – the Town and various Town plenipotentiaries – to comply with the charter abridges the plaintiffs’ First Amendment rights to vote and to associate. *fn2 In an effort to parry this thrust, the defendants make four main arguments. First, they question the justification for federal court intervention. Second, they point to a 1998 referendum, approved by the voters of North Smithfield, which switched municipal elections to even-numbered years starting in the year 2002, and assert that this vote erases any need for an election in 2001. Third, the defendants claim that the voters ratified the plan to forgo the 2001 election during the 1999 election (in which the ballot mentioned lengthened terms for certain elected officials). Finally, the defendants interpose a series of equitable defenses – waiver, estoppel, and the like.

The district court found no merit in the defendants’ contentions, see Bonas v. Town of North Smithfield, No. 01-241, slip op. at 11-12 (D.R.I. Aug. 20, 2001), and ordered the Town to hold a regular election for town council and school committee in 2001. On this expedited appeal, the defendants renew the same arguments that the district court rejected. We heard oral argument on September 14, 2001, and ruled ore tenus that the Town must hold the election in question. This opinion explains the basis for our ruling. All applicable time periods (e.g., the time for filing petitions for rehearing or rehearing en banc) shall run from the date of this opinion rather than from the date of our oral advisory.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs