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Supreme Court No. 2000-157-Appeal. (PM 99-4397) (PM 99-4398) (PM 99-4399) (PM 99-4410) Harvey Realty v. Killingly Manor Condominium Association et al. : : :

Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. OPINION PER CURIAM. Killingly Manor Condominium Association (defendant) appeals from the final judgment of the Superior Court granting four petitions to foreclose its right of redemption in a tax sale. This case came before the Court for oral argument on November 6, 2001, pursuant to an order that directed both parties to appear in order to show cause why the issues raised by this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be decided at this time. The facts pertinent to this appeal are as follows. On August 27, 1998, Harvey Realty (plaintiff) bought four condominium units from the City of Providence in a tax sale. These units (C, F, G and H) are in Killingly Manor Condominiums at 336 Killingly Street, Providence. More than one year later, on August 31, 1999, plaintiff filed four petitions in Superior Court to foreclose defendant's right of redemption on the units. The defendant contested -1-

the petitions, arguing that the underlying tax sale was invalid because defendant did not receive proper notice. On January 27, 2000, the trial justice held a hearing and determined that the notice was not defective. The petitions were granted on February 15, 2000, foreclosing defendant's right of

redemption on all four units. On that same day, the trial justice granted defendant's motion to consolidate the four cases. The defendant timely appealed.1 I Notice Pursuant to G.L. 1956

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Rhode Island Law