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Andrade v. Town of Lincoln

Superior Court of Rhode Island

May 6, 2014

JOSPEH ANDRADE and KIMBERLY ANDRADE
v.
TOWN OF LINCOLN, and ELAINE MONDILLO, in her capacity as the TAX ASSESSOR FOR THE TOWN OF LINCOLN, and JOHN WARD in his capacity as FINANCE DIRECTOR FOR THE TOWN OF LINCOLN

Providence County Superior Court PC 12-5720

For Plaintiff: Peter J. Petrarca, Esq.

For Defendant: Anthony DeSisto, Esq.

DECISION

CARNES, J.

Before the Court is Joseph Andrade and Kimberly Andrade's (Plaintiffs) Complaint, seeking a declaratory judgment regarding their entitlement to a homestead exemption for the tax year 2012. The Defendants—the Town of Lincoln; Elaine Mondillo, in her capacity as the Tax Assessor for the Town of Lincoln; and John Ward, in his capacity as Finance Director for the Town of Lincoln (Defendants)—assert that Plaintiffs were not the owners of the property in question as of the date of assessment, and so, are not entitled to the homestead exemption for the tax year 2012. Jurisdiction is pursuant to G.L. 1956 § 9-30-1.

I Facts and Travel

Defendants' Answer to Plaintiffs' Complaint demonstrates the absence of factual issues before the Court as Defendants admit all the allegations essential to this Court providing declaratory relief to the parties. The facts of the case are set forth in Plaintiffs' Complaint as follows:

"1. Plaintiff, Joseph Andrade is a resident of the State of Rhode Island.
"2. Plaintiff, Kimberly Andrade is a resident of the State of Rhode Island.
"3. The Town of Lincoln is a town established by home rule charter in the state of Rhode Island.
"4. Defendant, Elaine Mondillo is the tax assessor for the Town of Lincoln.
"5. Defendant, John Ward is the finance director for the Town of Lincoln.
"6. This court has jurisdiction over this matter pursuant to The Uniform ...

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