estoppel should be applied against public doctrine (Rhode Island) · Go Syfert
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estoppel should be applied against public doctrine in Rhode Island

6 Rhode Island opinions name it 2 courts 1992–2011 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ferrelli v. Department of Employment Securitygreen
ri · 1970 · cited in 6 Rhode Island opinions naming this issue, 1992–2011
2 sentences

2011There are four elements to equitable estoppel: (1) good faith reliance; (2) on an act or omission of a municipality; (3) which induces a party to incur substantial obligations; (4) making it highly inequitable to enforce the zoning [or planning] ordinance. 4 Rathkopf, The Law of Zoning & Planning, § 65.29 at 65-57 to 65-61 (2010). “[T]he doctrine of estoppel should be applied against public agencies to prevent injustice and fraud where the agency or officers thereof, acting within their authority, made representations to cause the party seeking to invoke the doctrine either to act or refrain f

2011There are four elements to equitable estoppel: (1) good faith reliance; (2) on an act or omission of a municipality; (3) which induces a party to incur substantial obligations; (4) making it highly inequitable to enforce the zoning [or planning] ordinance. 4 Rathkopf, The Law of Zoning & Planning, § 65.29 at 65-57 to 65-61 (2010). “[T]he doctrine of estoppel should be applied against public agencies to prevent injustice and fraud where the agency or officers thereof, acting within their authority, made representations to cause the party seeking to invoke the doctrine either to act or refrain f

46
Technology Investors v. Town of Westerlygreen
ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001See Technology Investors, 689 A.2d at 1062 ; cf. Rhode Island Alliance, 747 A.2d at 469 (“statutory obligations cannot be bargained away via contrary provisions in a [collective bargaining agreement], nor can they be compromised by the past or present practices of the parties”).

2001See Technology Investors, 689 A.2d at 1062 ; cf. Rhode Island Alliance, 747 A.2d at 469 ("statutory obligations cannot be bargained away via contrary provisions in a [collective bargaining agreement], nor can they be compromised by the past or present practices of the parties").

11
State v. Rhode Island Alliance of Social Services Employees, Local 580green
ri · 2000 · cited in 1 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001See Technology Investors, 689 A.2d at 1062 ; cf. Rhode Island Alliance, 747 A.2d at 469 (“statutory obligations cannot be bargained away via contrary provisions in a [collective bargaining agreement], nor can they be compromised by the past or present practices of the parties”).

2001See Technology Investors, 689 A.2d at 1062 ; cf. Rhode Island Alliance, 747 A.2d at 469 ("statutory obligations cannot be bargained away via contrary provisions in a [collective bargaining agreement], nor can they be compromised by the past or present practices of the parties").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Romano v. Retirement Board of the Employees' Retirement System green
ri · 2001
2 sentences

2011Sys. of R.I. , 767 A.2d 35 , 39 (R.I. 2008) (alteration in original) (quoting Ferrelli v. Dep't of Employment Sec. , 106 R.I. 588 , 594 , 261 A.2d 906 , 910 (1970)).

2005"Although `in an appropriate factual context the doctrine of estoppel should be applied against public agencies to prevent injustice and fraud where the agency or officers thereof, acting within their authority, made representations to cause the party seeking to invoke the doctrine either to act or refrain from acting in a particular manner to his [, her, or its] detriment,' Ferrelli, 106 R.I. at 594 , 261 A.2d at 910 (emphasis added), neither a government entity nor any of its representatives has any implied or actual authority to modify, waive, or ignore applicable state law that conflicts w

22005–2011
Greenwich Bay Yacht Basin Associates v. Brown green
ri · 1988
1 sentence

1992The standard was further defined in Greenwich Bay Yacht Basin Association v. Brown, 537 A.2d 988 (R.I. 1988) in which Justice Weisberger said at 991: The intervenors and CRMC object vigorously to the granting of relief to Greenwich on the ground of equitable estoppel.

11992–1992

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