Andrew Teitz and Peter Skwirz
The law firm of Ursillo, Teitz & Ritch recently prevailed in the Rhode Island Supreme Court in a ruling that found a longstanding practice of the General Assembly was unconstitutional in the process.
The Supreme Court ruling affirms the protections of residents of cities/towns in that the General Assembly can’t pass a law that exempts one city/town from a law of general application without the voters of that city/town having a say. This is the first time a liquor license was the focus of a controversy surrounding the Constitution’s Home Rule Amendment.
The case was litigated by land use and zoning law partners Andrew Teitz and Peter Skwirz, and argued before the Supreme Court by Peter Skwirz, on behalf of real estate development company Myles Standish Associates, L.P. Myles Standish and other concerned neighbors blocked the sale of alcohol from George Potsidis d/b/a Estiatorio Fili, Inc., a restaurant located in the Wayland Square area of Providence.
The General Assembly stepped in to help the establishment in 2023 and allow for the sale of alcohol in that location, as it had for numerous other establishments over the past several decades. Later in 2023, Myles Standish challenged the law, arguing that it violated the Home Rule Amendment of the Rhode Island Constitution.
In a unanimous decision, the Rhode Island Supreme Court held on July 27th that the act of the General Assembly unconstitutionally infringed on the right of local self-government enshrined in our State Constitution.
Ursillo, Teitz & Ritch Ltd., represented Myles Standish Associates throughout the proceedings before the Providence Board of Licenses, the Department of Business Regulation, the Rhode Island Superior Court, and the Rhode Island Supreme Court.
A copy of the decision can be accessed at: https://www.courts.ri.gov/Opinions/Supreme-25-223.pdf
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