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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A bench trial was held in the fall of 1998, the outcome of which is now before us on appeal. The trial justice granted Strash-nick’s motion for a judgment on partial findings because Krzak had failed to comply with § 31 — 44-2(a), which limits the termination of a mobile home park tenancy to six enumerated circumstances. The justice further ruled that a constitutional attack on § 31-44-2 — which Krzak proposed to submit should her eviction claim fail— was not ripe for consideration because the Attorney General had not been notified. Strashnick then proceeded with his counterclaim. The trial justice, after dismissing the claims for abuse of process and for trespass, awarded Strashnick $780 on the reprisal claim, and $920 for compensatory damage and $2,000 for punitive damage on the malicious prosecution claim. Krzak appealed. Constitutional Challenge

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