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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The changes in the present version of § 31-44-2(a) were part of the 2000 Reenactment, but they were not included in any "`Statutes and Statutory Construction' bill." Apparently, they were not considered substantive in nature because they merely "rearrange[d], rephrase[d], and consolidate[d]" the language to clarify the original intent of the General Assembly. Therefore, because these changes in the 2000 Reenactment of § 31-44-2(a) do not conflict with any version of the act passed by the General Assembly, see § 43-4-18(c) (stating that acts passed by the General Assembly control over conflicting amendments that are part of reenactments), I believe that this version of the statute should be enforced as the law in effect at the time we decide this case. See Solas v. *862 Emergency Hiring Council of the State of Rhode Island, 774 A.2d 820, 826 (R.I.2001) ("[T]his Court hastraditionally applied the law in effect at the time we consider an appeal."). Moreover, we have held that, in cases like this one, if a statutory change is non-substantive, remedial, or procedural, then we apply the law in effect at the time of the appeal rather than at the time the cause of action arose. See, e.g., Dunbar v. Tammelleo, 673 A.2d 1063, 1067 (R.I.1996).

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