Mill Road Realty Associates, LLC v. Town of Foster

Summary

The Rhode Island Supreme Court vacated the Superior Court’s sua sponte dismissal under Rule 12(b)(1) because the trial justice failed to give the parties notice and an opportunity to present evidence on the attorney‑general notice issue, and clarified that compliance with G.L. 1956 § 9‑30‑11 is a threshold authority question, not a matter of subject‑matter jurisdiction. The Court remanded for the lower court to allow briefing and argument on that issue.