Town Houses At Bonnet Shores Condo. Ass'n v. Langlois, 2011–181–Appeal.

• Citation: 45 A.3d 577
• Decision Date: 22 June 2012
• Docket Number: No. 2011–181–Appeal.,2011–181–Appeal.
• Parties: TOWN HOUSES AT BONNET SHORES CONDOMINIUM ASSOCIATION v. Michael A. LANGLOIS.
• Court: United States State Supreme Court of Rhode Island

45 A.3d 577

TOWN HOUSES AT BONNET SHORES CONDOMINIUM ASSOCIATION

v.Michael A. LANGLOIS.

No. 2011–181–Appeal.

Supreme Court of Rhode Island.

June 22, 2012.

Neil P. Philbin, Esq., Peace Dale, for Plaintiff.

Timothy J. Morgan, Esq., Warwick, for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Chief Justice SUTTELL, for the Court.

The defendant, Michael A. Langlois, appeals from a Superior Court declaratory judgment entered in favor of the plaintiff, Townhouses ¹ at Bonnet Shores Condominium Association (association). The judgment decreed that a lease agreement that the defendant had entered into violated the “Declaration of Condominium of Townhouses at Bonnet Shores Condominiums” (declaration). The defendant asserts on appeal that the declaration is ambiguous and that, therefore, the trial justice incorrectly interpreted it to exclude the lease agreement. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After considering the parties' written and oral submissions and reviewing the record, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

IFacts and Procedural History

The defendant has owned condominium unit # 3 (the unit) in the Townhouses at Bonnet Shores Condominiums, located at 1029 Boston Neck Road in the Town of Narragansett, since 2003. He has never resided in the unit, but rather has rented it out to tenants. On December 19, 2008, defendant entered into a lease agreement with Severance McLaughlin. Although this lease agreement terminated on May 1, 2009, Mr. McLaughlin has remained in possession of the unit under a month-to-month tenancy.² In August 2009, defendant executed a lease agreement with Jacqueline Steinback, which ran from September 1, 2009, to November 31, 2009, at which time the lease “extend[ed] [to a] month to month” tenancy.³ Ms. Steinback also continues to reside in the unit.

In August 2010, based on the condominium documents, defendant submitted a proposed lease agreement between himself and Zheng Fang to the “Executive Board of Townhouses at Bonnet Shores Condominiums” (board). Mr. Fang's lease agreement was to start on September 1, 2010, and terminate on May 1, 2011. On August 20, 2010, however, the board notified defendant “by email that based on the two active lease agreements with McLaughlin and Steinback, the additional lease agreement with Zheng Fang would be in violation of Article V[, section 5.2(b) ] of the [d]eclaration,” ⁴ and that therefore, the board “would not approve [the third] prospective lease agreement.” Despite the lease not being approved, Mr. Fang and his wife moved into the unit. As a result, four people were residing in the unit simultaneously under three separate tenancies.⁵

On September 15, 2010, the association filed a declaratory judgment action in the Superior Court, asking that the court declare that Mr. Fang's lease agreement violated the declaration because it established a third tenancy in the unit within one year. A bench trial took place on February 14, 2011, at which Christopher Catanzaro, president of the association and the board, testified that the board determined that “the third lease was in violation of [the] condominium bylaws and declaration[, and] that [the board] had to deny * * * the lease to Mr. Fang.” ⁶ Mr. Catanzaro also explained that a desire “to avoid transient tenants”—as well as “parking restrictions” because of the “small area” on which the condominiums sit—formed the rationale for the declaration's “two leases per year” clause.

The trial justice issued a bench decision on February 17, 2011, at which time he applied the rules of contract construction. In so doing, he interpreted the sentence within the declaration that states that: “[n]o [u]nit may be leased or rented more than two (2) times in each calendar year” to mean that Mr. “Fang['s] lease would be a third * * * ‘rental or lease’ within the calendar year of 2010.” The trial justice found this to be “contrary to [s]ection 5.2(b) when the sentence is read as a whole.” The trial justice concluded:

“The defendant's contract with tenant, Zheng Fang, violated provisions of the declaration * * *, therefore, the plaintiff's request for declaratory judgment is granted to that extent. I recognize that this is a hardship for [defendant,] but it was a fully disclosed condition prior to his purchase of the condominium. I know that others are renting—two others are renting and one is leasing, inferring that they're all consistently living with each other and somehow may be sharing expenses * * * of this unit, but * * * that's not what the declaration says. It means what it says and it says what it means, and not to be rented * * * more than two times in each calendar year.”

A judgment was entered for plaintiff on February 28, 2011, which defendant timely appealed on March 1, 2011.

IIStandard of Review

“A Superior Court decision granting or denying declaratory relief is reviewed with great deference by this Court.” Downey v. Carcieri, 996 A.2d 1144, 1149 (R.I.2010) (quoting Providence Lodge No. 3, Fraternal Order of Police v. Providence External Review Authority, 951 A.2d 497, 502 (R.I.2008)). “When deciding an action for declaratory judgment, a Superior Court justice makes all findings of fact without a jury.” Id. “Such factual findings are afforded great weight by this Court, ‘and will not be disturbed absent a showing that the trial justice overlooked or misconceived material evidence or was otherwise clearly wrong.’ ” Id. (quoting Fleet National Bank v. 175 Post Road, LLC, 851 A.2d 267, 273 (R.I.2004)). “A trial justice's findings on questions of law, however, are reviewed de novo.” Id. (quoting Fleet National Bank, 851 A.2d at 273).

IIIDiscussion

AMootness

To the extent that this appeal pertains to the Superior Court judgment declaring that Mr. Fang's lease agreement violates the declaration, we are of the opinion that the judgment has been rendered moot by defendant's admittance at oral arguments before this Court that Mr. Fang and his wife no longer reside in the unit. “An appeal is moot when ‘a decision by this [C]ourt on the merits [would] not have a practical effect on the underlying controversy.’ ” Campbell v. Tiverton Zoning Board, 15 A.3d 1015, 1021 (R.I.2011) (quoting In re Westerly Hospital, 963 A.2d 636, 639 (R.I.2009) (mem.)). The underlying controversy in this case was whether “[d]efendant's lease agreement with his third tenant [Mr.] Fang [was] in violation of the [d]eclaration.” When Mr. Fang subsequently moved out of the unit, however, the underlying controversy was eradicated. Therefore, “a decision by this [C]ourt on the merits [would] not have a practical effect,” which leaves the underlying controversy moot before this Court. Id. (quoting In re Westerly Hospital, 963 A.2d at 639).

The defendant, however, suggests that we should overlook mootness in this case because the issue of whether the board has the authority to not approve a lease agreement between defendant and a potential third tenant is capable of repetitionand easily can evade review. “As a general rule, [this] Court will ‘only consider cases involving issues in dispute; [it] shall not address moot, abstract, academic, or hypothetical questions.’ ” Campbell, 15 A.3d at 1022 (quoting H.V. Collins Co. v. Williams, 990 A.2d 845, 847 (R.I.2010)). Further, we have stated that we “will not review a case in which the parties no longer have an articulable stake in the outcome.” H.V. Collins Co., 990 A.2d at 848. “However, ‘[t]his Court will review an otherwise moot case only when the issues are of extreme public importance, which are capable of repetition but which evade review.’ ” Campbell, 15 A.3d at 1022 (quoting H.V. Collins Co., 990 A.2d at 848). “Issues of extreme public importance usually implicate important constitutional rights, matters concerning a person's livelihood, or matters concerning citizen voting rights.” Id. (quoting H.V. Collins Co., 990 A.2d at 848). This, nevertheless, is “a narrow exception to the mootness doctrine.” Id. (quoting In re Westerly Hospital, 963 A.2d at 638).

Here, although the issue of the validity of Mr. Fang's lease agreement is moot, the parties to this case have a continuing, personal stake in the controversy because defendant still wishes to rent the unit to a third tenant, while the association still intends to deny any such rental or lease agreement. The plaintiff has owned the unit as a rental property, and as such, the instant appeal centers on a “matter[ ] concerning a person's livelihood.” Campbell, 15 A.3d at 1022 (quoting H.V. Collins Co., 990 A.2d at 848);see Black's Law Dictionary 945 (7th ed.1999) (defining “livelihood” as “[a] means of supporting one's existence, esp. financially”). Thus, we deem that this case falls within one of the narrow exceptions to the mootness doctrine. We shall, therefore, address the central issue of whether defendant would violate the declaration, namely section 5.2, were he to enter into, renew, or extend three separate rental agreements within a single calendar year.

BInterpretation of the Declaration

The defendant notes that the underlying intent of section 5.2 of the declaration is to “prevent multiple, short-term, transient leases within a calendar year,” ⁷ and he argues that, because Mr. McLaughlin's and Ms. Steinback's lease agreements “are not transient and comply with the requirements of [s]ection 5.2,” the hearing justice erred in his determination that a third lease agreement violated the declaration. To support his contention, defendant asserts that section 5.2(b) is ambiguous, and he then attempts to dissect that section to enable a reading and interpretation of the declaration in his...