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ANNICELLI v. TOWN OF SOUTH KINGSTOWN

No. 80-508-Appeal.

463 A.2d 133 (1983)

Ida ANNICELLI v. TOWN OF SOUTH KINGSTOWN et al.

Supreme Court of Rhode Island.

July 13, 1983.

Attorney(s) appearing for the Case

Edward T. Hogan, Thomas S. Hogan, Donald J. Packer, Hogan & Hogan, East Providence, for plaintiff.

Robert B. Gates, Dennis J. Roberts II, Atty. Gen., Daniel J. Schatz, Sp. Asst. Atty. Gen., Providence, Jane L. Bloom, New York City, Harold Ward, Providence, Anthony C. Liotta, Acting Asst. U.S. Atty. Gen., Washington, D.C., for defendants.

OPINION

KELLEHER, Justice.

This is a case of first impression in Rhode Island which pits a landowner's constitutional rights against the ecological primacy of a barrier beach. The defendant, town of South Kingstown (the town), appeals from the decision of a justice of the Superior Court granting the plaintiff, Ida Annicelli (Annicelli), declaratory relief from certain amendments to the town's zoning ordinance. As a result of those amendments, various segments...

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