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CHARTIER REAL ESTATE COMPANY v. CHAFEE

Appeal No. 17.

225 A.2d 766 (1967)

CHARTIER REAL ESTATE COMPANY, Inc. et al. v. John H. CHAFEE, Governor, et al.

Supreme Court of Rhode Island.

January 16, 1967.

Attorney(s) appearing for the Case

Moore, Virgadamo, Boyle & Lynch, Salvatore L. Virgadamo, Newport, for plaintiffs.

J. Joseph Nugent, Atty. Gen., Paul J. Choquette, Jr., Executive Counsel, F. Monroe Allen, Providence, for Frederick C. Lees, Director of Natural Resources, Providence, for defendants.

PAOLINO, Justice.

The plaintiffs brought this complaint to permanently enjoin the defendants from proceeding to take by eminent domain certain real estate owned by them. In addition they sought a judgment declaring P.L. 1964, chap. 169,1 invalid on constitutional grounds. The defendants filed a motion to dismiss alleging that the complaint failed to state a claim against them upon which relief could be granted. After a hearing in the superior...

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