(a)  Any person aggrieved on any ground whatsoever by any assessment against him or her by a district management authority in any municipality may within three (3) months after the last day appointed for the payment without penalty of the assessment, or the first installment of the payment, if the assessment is payable in installments, file a notice of appeal with the district management authority, and within thirty (30) days thereafter, file a petition in the superior court for the county within which the municipality is located for relief from the assessment, to which petition the district management authority will be made a party respondent, and the clerk of the superior court will thereupon issue a citation substantially in the following form:

THE STATE OF RHODE ISLAND

To the sheriff of the several counties, or to the deputies, Greetings:

We command you to summon the treasurer of (the district management authority): to wit, ………………………………… of ………………………………… (if to be found in your precinct) to answer the complaint of ………………………………… of ………………………………… on the return day hereof (said return day being the ……….. day of ………………… , A.D. 20……….. ) in the superior court to be holden at the county’s courthouse in as by petition filed in court is fully set forth; and to show cause why said petition should not be granted.

Hereof fail not, and make true return of this writ with your doings thereon.

Witness, the seal of our superior court, at ………………………………… this day of ………………… in the year, ……….. A.D. 20……….. .

_______________________________________ , Clerk

Terms Used In Rhode Island General Laws 45-59-18

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • District management authority: means a district management authority established pursuant to the provisions of this chapter. See Rhode Island General Laws 45-59-3
  • Municipality: means a city or town of the state of Rhode Island having a population according to the most recent federal census of not less than one hundred thousand (100,000); however, notwithstanding the population requirement, the cities of Newport and Pawtucket shall be considered municipalities for purposes of this chapter. See Rhode Island General Laws 45-59-3
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • State: means the state of Rhode Island. See Rhode Island General Laws 45-59-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(b)  The petition will be subject to the provisions of § 44-5-26 — § 44-5-31 insofar as those sections may be applicable.

History of Section.
P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.