Kayak Centre at Wickford Cove, LLC d/b/a Kayak Centre of Rhode Island v. Town of Narragansett , 2015 R.I. LEXIS 83 ( 2015 )


Menu:
  •                                                               Supreme Court
    No. 2014-168-Appeal.
    (WC 13-630)
    Kayak Centre at Wickford Cove, LLC       :
    d/b/a Kayak Centre of Rhode Island
    v.                       :
    Town of Narragansett et al.          :
    NOTICE: This opinion is subject to formal revision before publication in
    the Rhode Island Reporter. Readers are requested to notify the Opinion
    Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence,
    Rhode Island 02903, at Tel. 222-3258 of any typographical or other
    formal errors in order that corrections may be made before the opinion is
    published.
    Supreme Court
    No. 2014-168-Appeal.
    (WC 13-630)
    (Concurrence and Dissent begins
    on page 10)
    Kayak Centre at Wickford Cove, LLC         :
    d/b/a Kayak Centre of Rhode Island
    v.                        :
    Town of Narragansett et al.            :
    Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
    OPINION
    Justice Flaherty, for the Court. The plaintiff, Kayak Centre at Wickford Cove, LLC
    (Kayak Centre), appeals from a final judgment entered in Washington County Superior Court in
    favor of the defendants, the town of Narragansett (the town) and Narrow River Kayaks, LLC
    (Narrow River). The action was precipitated because the plaintiff was unsuccessful in winning a
    concession contract from the town to operate a paddle sports business on town-owned land. The
    plaintiff’s complaint asked for (1) a declaratory judgment that the town had violated sections of
    the general laws controlling the award of municipal contracts, G.L. 1956 chapter 55 of title 45,1
    1
    The particular section in question is G.L. 1956 § 45-55-5, entitled “Competitive sealed
    bidding,” and it reads in pertinent part:
    “(a) Contracts exceeding [ten thousand dollars ($10,000) for construction
    and five thousand dollars ($5,000) for all other purchases] shall be awarded by
    competitive bidding unless they are professional engineering/architectural
    services * * * and it is determined in writing that this method is not practicable.
    “(b) The invitation for bids shall state whether award shall be made on the
    basis of the lowest bid price or the lowest evaluated or responsive bid price. If the
    -1-
    and (2) injunctive relief against the town to prevent it from rebidding the concession contract.
    This appeal came before the Supreme Court for argument on March 3, 2015. For the reasons set
    forth in this opinion, we affirm in part and reverse in part the judgment of the Superior Court.
    I
    Facts and Travel
    Kayak Centre is a Rhode Island limited liability company that operates paddle sports
    businesses at two locations, one in Charlestown and one in the village of Wickford in North
    Kingstown. Narrow River is also a Rhode Island limited liability company; it owns and operates
    a paddle sports business at 94 Middlebridge Road in Narragansett (the property). In August
    2012, the town acquired a 9.5-acre parcel of land that included the property on which Narrow
    River’s business was located. Narrow River continued to operate its business on the land after
    the town took ownership of the property.        However, in August of 2013, the town invited
    competitive bidding for a five-year concession contract to operate a paddle sports business on the
    property. One rationale for the decision was described by Robert O’Neill, 2 the Chairman of the
    town’s Land Conservancy Trust, who said it was “good business sense to say ‘We’ll see what
    other proposals [for the paddle sports concession at the Property] people will bring forward.’”
    To begin the process, the town’s purchasing agent, Susan Gallagher, and the Director of the
    town’s Parks and Recreation Department, Steven Wright, prepared a package and advertised the
    invitation to bid on the concession award.
    latter basis is used, the objective measurable criteria to be utilized shall be stated
    in the invitation for bids, if available.
    “* * *
    “(e) The contract shall be awarded with reasonable promptness by written
    notice to the responsive and responsible bidder whose bid is either the lowest bid
    price, or lowest evaluated or responsive bid price.”
    2
    Mr. O’Neill’s name is spelled differently in the various filings in the record; for consistency,
    we have chosen the spelling used in the Superior Court’s decision.
    -2-
    The invitation specified a submission date of August 29, 2013, required that all bidders
    have a minimum of five years of experience operating a paddle sports business, and asked for
    references who could attest to prior experience. The invitation also stated, “[the town] reserves
    the right to reject any/all bids, waive any informalities in the bids received and to accept and
    award the bid to the highest qualified bid deemed most favorable to the interest of the [t]own.”
    Four bidders initially expressed an interest by attending an advertised pre-bid meeting, but, in the
    end, only Kayak Centre and Narrow River submitted bids to the town. Bidders were asked to
    state the amount of a proposed “annual payment” that they would be willing to make to the town.
    A minimum amount of $15,000 annually was specified in the bid package. Kayak Centre
    proposed $180,505 in total payments over the projected five-year period, while Narrow River’s
    bid proposed $100,500. In accordance with the invitation to bid, the bids were opened by the
    town’s Parks and Recreation Department and were then examined in order to issue a report to the
    town council before it awarded the concession.
    There is no dispute that Ms. Gallagher’s report, according to the parties’ stipulated facts,
    “concluded that the Kayak Centre was the best and most qualified bidder and recommended that
    the Town Council award the municipal contract to the Kayak Centre.” 3 The report stated, in
    part, “[t]he Parks and Recreation Department is recommending this award based on the Kayak
    Centre’s 18-year experience in the paddle sports business, references[,] and total bid offering.”
    Also, the town’s contacts with Kayak Centre’s references resulted in “all positive comments
    regarding the Kayak Centre operation.” On October 7, 2013, the report was presented at a
    meeting of the town council and a motion was made to award the contract to Kayak Centre.
    3
    The agreed statement of facts filed with the Superior Court also included a transcript of the
    October 7, 2013, meeting of the Narragansett Town Council, at which the bids of plaintiff and
    Narrow River were debated, and ultimately rejected.
    -3-
    However, after some lengthy comments from the public and discussion among town councilors,
    the town council voted three to one to reject the motion to award the concession contract to
    plaintiff. 4   Following this vote, the town solicitor, who was present at the meeting, then
    suggested that the next course of action would be “to direct the staff to develop additional criteria
    and qualifications to be included in a new bid package for [the town council’s] review before it
    goes back out to bid * * * .” The town council, as the parties stipulate, then “voted 3-1 to reject
    all bids and commence the bidding process again,” following the solicitor’s recommendation.
    On December 3, 2013, Kayak Centre initiated this action by filing a verified complaint
    consisting of three counts: (1) a request for a declaratory judgment that the town violated § 45-
    55-5, entitled “Competitive sealed bidding”; (2) an allegation that the town committed a criminal
    misdemeanor by not complying with that statute; and (3) a prayer for injunctive relief alleging
    that it would be irreparably harmed if the town was allowed to reject its bid and rebid the
    concession. On February 10, 2014, the case was heard by a justice of the Superior Court on an
    agreed statement of facts and documents, including the invitation to bid and the bids that had
    been submitted by plaintiff and Narrow River.           The trial justice considered the parties’
    submissions and arguments and issued a written decision, which was made effective by a
    judgment signed March 25, 2014. The trial justice’s decision found that the provisions of § 45-
    55-5 were inapplicable to this particular bidding process and, further, that this Court’s standard
    on competitive bidding, as set forth in Gilbane Building Co. v. Board of Trustees of State
    Colleges, 
    107 R.I. 295
    , 299-300, 
    267 A.2d 396
    , 399 (1970), did not apply. Therefore the trial
    4
    In October 2013, the Narragansett Town Council consisted of five members: James M.
    Callahan, president of the council; Susan Cicilline-Buonanno, president pro tem; and Glenna M.
    Hagopian, Matthew M. Mannix, and Douglas E. McLaughlin, as members. On both votes in
    question only four members voted as Council President Callahan abstained.
    -4-
    justice denied plaintiff’s request for declaratory and injunctive relief, and found for defendants
    on all counts. The plaintiff filed a timely appeal with this Court.5
    II
    Standard of Review
    “A decision to grant or deny declaratory or injunctive relief is addressed to the sound
    discretion of the trial justice and will not be disturbed on appeal unless the record demonstrates a
    clear abuse of discretion or the trial justice committed an error of law.” Foster Glocester
    Regional School Building Committee v. Sette, 
    996 A.2d 1120
    , 1124 (R.I. 2010) (quoting
    Hagenberg v. Avedisian, 
    879 A.2d 436
    , 441 (R.I. 2005)). Accordingly, we give great weight to
    the findings of fact of a trial justice when sitting without a jury in such actions. 
    Id. (citing Casco
    Indemnity Co. v. O'Connor, 
    755 A.2d 779
    , 782 (R.I. 2000)). On questions of law, however, our
    standard is one of de novo review. 
    Id. (citing Houde
    v. State, 
    973 A.2d 493
    , 498 (R.I. 2009)).
    Likewise, in matters of statutory interpretation, our review is also de novo. State v. Hazard, 
    68 A.3d 479
    , 485 (R.I. 2013) (citing Campbell v. State, 
    56 A.3d 448
    , 454 (R.I. 2012)). When
    construing a statute, this Court will apply a clear and unambiguous statute “literally and [we]
    must give the words of the statute their plain and ordinary meanings.” 
    Id. (quoting Alessi
    v.
    Bowen Court Condominium, 
    44 A.3d 736
    , 740 (R.I. 2012)).
    III
    Discussion
    On appeal, plaintiff maintains that the trial justice made two errors that warrant reversal.
    First, plaintiff argues that it was error for the trial justice to rule that the requirements of § 45-55-
    5
    While the appeal was pending, the town extended Narrow River’s existing lease on the
    property for a term that ended February 28, 2015. The status of the land and the concession
    lease after that date is unclear from the record.
    -5-
    5 were inapplicable to the case before her and, therefore, declaratory relief should not have been
    denied. Second, plaintiff alleges that it was error for the trial justice to deny it injunctive relief
    because, it claims, the town’s actions were governed by, but violated, the standards of fairness
    that this Court enunciated in Gilbane. On review, we discern no error in the trial justice’s ruling
    that § 45-55-5 did not apply to the situation before her. It is, however, our opinion that the good
    faith standard of Gilbane does apply in the absence of a specific statute. In light of that
    conclusion, findings of fact and conclusions of law are required before this Court can properly
    address whether the town’s actions complied with Gilbane.
    A. Applicability of § 45-55-5
    We review the interpretation of a statute de novo and “when the language of a statute is
    clear and unambiguous, this Court must interpret the statute literally and must give the words of
    the statute their plain and ordinary meanings.” Raiche v. Scott, 
    101 A.3d 1244
    , 1248 (R.I. 2014)
    (quoting 
    Hazard, 68 A.3d at 485
    ). The language of § 45-55-9 provides that the process for
    awarding contracts that exceed “ten thousand dollars ($10,000) for construction and five
    thousand dollars ($5,000) for all other purchases” is to be by competitive bidding. See § 45-55-9
    (for the monetary amounts over which § 45-55-5 applies). The statute requires that “[t]he
    contract shall be awarded * * * to the responsive and responsible bidder whose bid is either the
    lowest bid price, or lowest evaluated or responsive bid price.” Section 45-55-5(e).
    The language of the statute is clear and unambiguous. As a result, we need not delve into
    the intent of the General Assembly, except to say that in our opinion, in enacting § 45-55-5 the
    Legislature sought to regulate contracts that require the expenditure of public funds.           The
    Legislature was certainly free to include concession contracts within the ambit of § 45-55-5, but
    it chose not to do so. See Narragansett Food Services, Inc. v. Rhode Island Department of
    -6-
    Labor, 
    420 A.2d 805
    , 808 (R.I. 1980) (“The Legislature is presumed to know the state of existing
    relevant law when it enacts * * * a statute.”). In the years since its enactment, we have addressed
    § 45-55-5 on several occasions. On each occasion, we were faced with a competitive bidding
    case where the awarding governmental entity selected a more expensive bidder for specified
    reasons. See, e.g., H.V. Collins Co. v. Tarro, 
    696 A.2d 298
    , 300 (R.I. 1997) (“[T]he school
    committee awarded the contract to Gilbane, the third-lowest bidder. On the following day,
    Collins, the lowest bidder, commenced this action against the town.”). We have said that § 45-
    55-5 “does not preclude an awarding authority from taking into account factors beyond price.”
    H.V. Collins 
    Co., 696 A.2d at 303
    . The Court reasoned this to be allowable because, for
    example, choosing a seemingly higher initial bid from a more qualified party can lessen the risk
    of future unexpected expenses, fulfilling the “purpose of chapter [55] of title [45] in safeguarding
    public funds.” H.V. Collins 
    Co., 696 A.2d at 303
    .
    However, we note that § 45-55-9 explicitly provides that the contracts to which § 45-55-5
    applies are “procurements” and “purchases.”          The Kayak Centre submitted a bid for the
    concession contract at issue in this case that would have had Kayak paying the town the sum of
    $180,505 in payments over the projected five-year period, while Narrow River’s bid proposed
    $100,500 in payments. Not all of the same considerations are at play in a concession contract as
    are in one for expenditures. We cannot rewrite the statute by essentially exchanging the word
    lowest for the word highest, as plaintiff would have us do, because we will not insert words into
    an unambiguous statute. See 
    Raiche, 101 A.3d at 1248
    . We simply apply the words as written
    and the words of § 45-55-5 make it clear the statute is inapplicable to these facts. 
    Id. In our
    opinion, there was no error when the trial justice refused to apply the statute to the town’s action,
    and we therefore affirm the denial of plaintiff’s request for declaratory relief.
    -7-
    B. Standards for Conduct in Concession Bidding
    As noted above, the General Assembly is presumed to know the existing state of the law.
    Narragansett Food Services, 
    Inc., 420 A.2d at 808
    . Before the competitive bidding statute was
    enacted by the Legislature, there was already a standard that was used by this Court when it
    reviewed bid disputes. In a case involving competitive bidding for a state-issued construction
    contract before § 45-55-5 was enacted, we observed that, “[i]n the absence of any legislative
    requirement pertaining to competitive bidding, it is the duty of the appropriate public officials to
    act honestly and in good faith as they determine which bidder would best serve the public
    interest.” 
    Gilbane, 107 R.I. at 299-300
    , 267 A.2d at 399. There can be no dispute that this
    standard results in a certain amount of deference to government officials; indeed, we have held
    that this Court “will not interfere with [an] award absent a showing that the board acted corruptly
    or in bad faith, or so unreasonably or arbitrarily as to be guilty of a palpable abuse of discretion.”
    Paul Goldman, Inc. v. Burns, 
    109 R.I. 236
    , 239, 
    283 A.2d 673
    , 676 (1971) (citing 
    Gilbane, 107 R.I. at 300
    , 267 A.2d at 399). Thus, although § 45-55-5 does not apply to competitive bidding
    processes involving concession contracts, which are contracts that produce revenue and not
    purchases, we conclude that, even in the absence of an applicable statute, the Gilbane standard
    must still apply.
    The defendants argue that this Court has not been presented with a reviewable issue
    because the town never completed the bidding process and never awarded the concession to any
    bidder. The defendants argue that because no such award exists, the propriety of the town’s
    conduct is unreachable by our review. We do not agree. We do not tread new ground in opining
    on the process of awarding, or not awarding, a competitive bid. See National Car Rental System,
    Inc. v. Fazzano, 
    112 R.I. 56
    , 58, 
    307 A.2d 770
    , 771 (1973) (car rental company brought action to
    -8-
    enjoin the awarding of a concession contract). In National, the Director of Transportation and
    the state’s purchasing agent advertised a bid to award three car rental concessions at T. F. Green
    Airport in Warwick. 
    National, 112 R.I. at 57-58
    , 307 A.2d at 771. The bid stated that one of the
    three concessions was reserved for a “Rhode Island car rental company,” a condition to which
    National Car Rental, a national car rental company, objected. 
    Id. at 58,
    307 A.2d at 771. This
    Court reviewed and opined on the bidding process, despite the fact that National Car Rental
    brought the action during the time allotted for bid submission. 
    Id. at 58-60,
    307 A.2d at 771-73.
    In fact, the action in that case was brought on the day before bids were scheduled to be opened,
    when no award had been made. 
    Id. at 58,
    307 A.2d at 771. In our opinion, this case is in a
    proper posture for our review.
    As noted above, in her written decision the trial justice decided that the Gilbane standard
    did not apply and consequently she did not address whether the town acted “corruptly or in bad
    faith, or so unreasonably or so arbitrarily as to be guilty of a palpable abuse of discretion.”
    
    Gilbane, 107 R.I. at 399
    , 267 A.2d at 300 (citing Slocum v. City of Medford, 
    18 N.E.2d 1013
    ,
    1015 (Mass. 1939)).      Because we disagree with the trial justice’s determination as to the
    applicability of the Gilbane standard, it follows that the case must be remanded to the trial justice
    for findings of fact and conclusions of law on that issue. 6
    6
    In remanding this case we remain cognizant of our earlier holdings that the bar for a potential
    challenger is extremely high. Corruption, bad faith, and a palpable abuse of discretion are
    difficult to prove, particularly in the light of our antipathy for “government by injunction.” See,
    e.g., Truk Away of Rhode Island, Inc. v. Macera Brothers of Cranston, Inc., 
    643 A.2d 811
    , 816
    (R.I. 1994).
    -9-
    IV
    Conclusion
    For the reasons set forth above, we affirm in part and reverse in part the decision of the
    Superior Court, vacate the judgment, and remand the case for findings of fact and conclusions of
    law. The papers may be returned to the Superior Court.
    Justice Goldberg, concurring in part and dissenting in part.              I concur with the
    opinion of the majority to the extent it holds that the good-faith standard of Gilbane Building Co.
    v. Board of Trustees of State Colleges, 
    107 R.I. 295
    , 299-300, 
    267 A.2d 396
    , 399 (1970) applies
    and necessitates the remand of this case in order for the trial justice to make a determination as to
    whether the town “acted corruptly or in bad faith, or so unreasonably or so arbitrarily as to be
    guilty of a palpable abuse of discretion.” Id. at 
    300, 267 A.2d at 399
    . 1 However, I must
    disassociate myself from the majority’s conclusion that G.L. 1956 § 45-55-5 did not apply to the
    actions of the town council. Rather, I am of the opinion that state law governing the award of
    municipal contracts as set forth in chapter 55 of title 45, including § 45-55-5 applies to the
    contract in this case. Therefore, I cannot join a decision that allows awarding authorities to
    circumvent the safeguards of Rhode Island’s bidding statutes and the state’s well-settled
    principles of competitive sealed bidding for leases and grants of public property and facilities.
    1
    I note that the majority signals that the “bar for a potential challenger” under the Gilbane
    standard “is extremely high.” However, the singular question is “whether the [town] exercised
    ‘sound discretion’ in rejecting” Kayak Centre’s bid. See Coastal Recycling, Inc. v. Connors, 
    854 A.2d 711
    , 715 (R.I. 2004) (citing Gilbane Building Co. v. Board of Trustees of State Colleges,
    
    107 R.I. 295
    , 302, 
    267 A.2d 396
    , 400 (1970)). Reasons that underlie the town council’s decision
    to reject the bid certainly warrant a detailed review by the trial justice to determine whether the
    town exercised the good faith and sound discretion that Gilbane commands.
    - 10 -
    Application of § 45-55-5
    While I note that the majority’s interpretation of chapter 55 of title 45 is a plausible
    reading of the statute, I conclude that the statute is susceptible to another plausible reading, thus
    rendering the statute ambiguous; as such, it is incumbent upon this Court to engage in our
    traditional statutory analysis in order to give effect to the intention of the Legislature. See Town
    of Burrillville v. Pascoag Apartment Associates, LLC, 
    950 A.2d 435
    , 445 (R.I. 2008) (“[W]hen a
    statute is susceptible of more than one meaning, we employ our well-established maxims of
    statutory construction in an effort to glean the intent of the Legislature.” quoting Unistrut Corp.
    v. State Department of Labor and Training, 
    922 A.2d 93
    , 98-99 (R.I. 2007)).
    Rather than interpreting chapter 55 of title 45 of the General Laws as a “harmonious
    whole[,]” the majority’s review begins and ends with a single section, § 45-55-5.                   See
    Zambarano v. Retirement Board of Employees’ Retirement System of Rhode Island, 
    61 A.3d 432
    , 436 (R.I. 2013) (“[W]hen interpreting statutes, a court should construe ‘each part or section
    * * * in connection with every other part or section to produce a harmonious whole.’” quoting
    2A Norman J. Singer & J.D. Shambie Singer, Sutherland Statutes and Statutory Construction
    § 46:5 at 204 (7th ed. 2014)). The majority opinion thus fails to consider the remaining sections
    of chapter 55 of title 45. In construing all sections of the statute, it is apparent that the statute is
    ambiguous. Specifically, § 45-55-1 “declare[s] that a need exists to establish a uniform system
    for the award of contracts by municipalities, utilizing open cooperative bids.” (Emphasis added.)
    It is clear, therefore, that the Legislature sought to provide a system of general applicability that
    requires the use of “open cooperative bids[,]” when awarding municipal contracts, and not a
    bifurcated system depending on whether the municipality is expending funds or leasing its
    properties for revenue. Section 45-55-2(1) provides that “[e]xcept as otherwise authorized by
    - 11 -
    law, all municipal contracts shall be awarded by * * * [c]ompetitive sealed bidding, pursuant
    to § 45-55-5[.]” (Emphasis added.) The term “contract” is broadly defined as:
    “all types of agreements, including grants and orders, for the
    purchase or disposal of supplies, services, construction, or any
    other item. It includes awards; contracts of a fixed-price, cost,
    cost-plus-a-fixed-fee, or incentive type; contracts providing for the
    issuance of job or task orders; leases; letter contracts, purchase
    orders, and construction management contracts. It also includes
    supplemental agreements with respect to any of the preceding.
    ‘Contract’ does not include labor contracts with employees of the
    municipality.” Section 45-55-4(4) (emphases added).
    Additionally, § 45-55-4(14) defines “[p]rocurement” as:
    “the purchasing, buying, renting, leasing, or otherwise obtaining of
    any supplies, services, or construction. It also includes all
    functions that pertain to the obtaining of any supply, service, or
    construction item, including description of requirements, selection
    and solicitation of sources, preparation and award of contract, and
    all phases of contract administration.” (Emphases added.)
    The bid proposal in this case—the grant of a franchise or concession on town-owned property—
    does not fall within any statutory exclusion, and therefore, at the very least, falls within the
    purview of the broad definition of “procurement” as the town was seeking to engage a company
    to operate a kayaking business on its property, including a lease of that property.
    Next, § 45-55-5 requires that contracts “exceeding the amount provided by § 45-55-9
    shall be awarded by competitive bidding.” 2 The contract at issue here sought to generate more
    than one hundred thousand dollars in revenue for the town and, thus, exceeds the amount
    2
    General Laws 1956 § 45-55-9, entitled “Small purchases[,]” exempts two limited procurements
    from its purview. “Procurements, not to exceed an aggregate amount of ten thousand dollars
    ($10,000) for construction and five thousand dollars ($5,000) for all other purchases may be
    made in accordance with small purchase regulations promulgated by the municipality.”
    - 12 -
    provided by § 45-55-9. 3 Given the mandate of § 45-55-2(1), that “all municipal contracts shall
    be awarded by * * * [c]ompetitive sealed bidding,” this reading is a plausible reading of the
    statute, and furthers the declared intent of the Legislature. 4 (Emphasis added.)
    This Court previously has held that “the purpose of chapter [55] of title [45] [is the]
    safeguarding [of] public funds.” H.V. Collins Co. v. Tarro, 
    696 A.2d 298
    , 303 (R.I. 1997).
    Therefore, given that the provisions of this chapter are susceptible to more than one plausible
    reading, the legislative intent of the statute is enormously relevant. The majority’s position
    however, fails to consider the legislative intent and holds that, because § 45-55-5 does not
    specifically mention concession contracts, the public funds generated through such contracts are
    not entitled to the safeguards provided in the statute. In my opinion, this decision will turn
    municipal competitive bidding in Rhode Island on its head.
    Conclusion
    In conclusion, it is my opinion that by immunizing municipal concession and lease
    contracts from the requirement of state law and competitive bidding, the majority embarks upon
    dangerous waters and relieves public officials from the requirements of this state’s longstanding
    statutory framework governing public contracts. Consequently, I concur in part and respectfully
    dissent in part.
    3
    Section 45-55-4(14) begins with the general term “[p]rocurement,” and then it delineates the
    specific types of procurements that may be made through small purchase regulations. However,
    it does not exclude any other procurements, such as “buying, renting, leasing, or otherwise
    obtaining of any supplies [or] services[,]” that are subject to the provisions of § 45-55-9.
    4
    Furthermore, as evidenced in the record, the town solicitor expressed his belief that the town
    was governed by the state’s competitive bidding statutes.
    - 13 -
    RHODE ISLAND SUPREME COURT CLERK’S OFFICE
    Clerk’s Office Order/Opinion Cover Sheet
    TITLE OF CASE:        Kayak Centre at Wickford Cove, LLC d/b/a Kayak Centre of
    Rhode Island v. Town of Narragansett et al.
    CASE NO:              No. 2014-168-Appeal.
    (WC 13-630)
    COURT:                Supreme Court
    DATE OPINION FILED: June 15, 2015
    JUSTICES:             Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
    WRITTEN BY:           Associate Justice Francis X. Flaherty
    SOURCE OF APPEAL:     Washington County Superior Court
    JUDGE FROM LOWER COURT:
    Associate Justice Kristin E. Rodgers
    ATTORNEYS ON APPEAL:
    For Plaintiff: Robert Clark Corrente, Esq.
    For Defendants: Mark A. McSally, Esq.
    Angelo R. Simone, Esq.