Governments > Local Governments > Police Power

[HN14] The free public services doctrine generally provides that public expenditures made in the performance of governmental functions are not recoverable. Certain exceptions to the general rule have been created by statutory enactment to give a municipality a claim for expenditures for firefighters or other police power services.

[HN15] R.I. Super. Ct. R. Civ. P. 12(b)(6) which controls this matter does not permit this Court to dismiss a case unless it fails to state a claim upon which relief can be granted. In reviewing a R.I. Super. Ct. R. Civ. P.12(b)(6) motion, as in all matters before it, a court is constrained to follow existing Rhode Island law. Indeed, the creation of new causes of action should be left to the legislature. However, a court's recognition of the Attorney General's existing authority to protect the public interest is not creating a cause of action or judicial remedy.