Court Adopts its Own Methodology in Determining Fair Value in a Shareholder Dissent Suit

BVLaw
Court Case Digests
June 3, 2021
4911 Electric Services
221122 Electric Power Distribution
shareholder dissent/oppression
cost approach, fair value, capitalization of income approach, discount, earnings, book value, depreciation, selling price, shareholders

Island Light & Power Co. v. Sara Golvinveaux McGinnes 2011 Trust
2021 R.I. Super. LEXIS 48
US
State Court
Rhode Island
Superior Court
Glenn Walker (Petitioner); Dylan D’Ascendis (Trust); Peter Scotti (Trust)
Licht, J

Summary

In this shareholder dissent suit in Rhode Island, the one-third shareholder of Island Light & Power Co. (aka BIPCO) dissented to a forced sale of the assets of BIPCO resulting in a liquidation of BIPCO and a liquidation of the shareholder Trust’s stock. In a bench trial resulting from the dissent, the court rejected the fair value determinations of the experts for both parties and adopted its own methodology (as is allowed by Rhode Island courts, including its Supreme Court) to determine the fair value of the one-third interest held by the Trust.

See Also

Island Light & Power Co. v. Sara Golvinveaux McGinnes 2011 Trust

In this shareholder dissent suit, the one-third shareholder of Island Light & Power Co. (aka BIPCO) dissented to a forced sale of the assets of BIPCO resulting in a liquidation of BIPCO and of the shareholder Trust’s stock. In a resulting bench trial, the court rejected the fair value determinations of the experts for both parties and adopted its own methodology (as is allowed by Rhode Island courts, including its Supreme Court) to determine the fair value of the one-third interest held by the Trust.