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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In her appeal, Krzak argued that the Legislature did not contemplate creating near-permanent mobile home tenancies and that an interpretation of § 31-44-2 that limits eviction only to the six conditions specified therein would violate constitutional property rights. Although she admitted that the Attorney General's office had not been notified before trial, she contended that the Superior Court justice erroneously refused to consider her constitutional challenge. Our review of the trial transcript revealed that Krzak based her claim for eviction "on the basic common law doctrine of holdover tenancy" and that only if the claim was not permitted on that basis, did she intend to pursue a "constitutional argument which we will brief further and submit to the Court upon proper application to the Attorney General." In response, the Superior Court justice decided that without notification of the Attorney General, the constitutional attack was not ripe for consideration. General Laws 1956 § 9-30-11 provides in pertinent part:

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