FRIENDS OF SAKONNET v. DUTRA

Civ. A. Nos. 88-704P, 88-705P.

738 F.Supp. 623 (1990)

FRIENDS OF the SAKONNET, Aurelio and Francine Lucci, Michael and Linda Kenfield, and Tim and Linda Boudewyns v. Bernard DUTRA, Eugene Lawrence Alofsin, David LaRoche, and Q.L.C.R.I., Inc. James E. O'NEIL, Attorney General of Rhode Island, and Robert Bendick, Jr., Director of Rhode Island Department of Environmental Management v. Q.L.C.R.I., INC., Bernard R. Dutra, David F. LaRoche, the LaRoche Grantor Income Trust, David L. Brodsky, P. Alan Ryan, Carolyn Rose, a.k.a. Carolyn McElroy, Paul E. Buff, Davisville Credit Union, and Suffield Bank.

United States District Court, D. Rhode Island.

May 18, 1990.


Attorney(s) appearing for the Case

Betsy Grossman de Leiris, Newport, R.I., S. Paul Ryan, East Providence, R.I., Timothy M. Boudewyns, Portsmouth, R.I., Michael Rubin, Sp. Asst. Atty. Gen., Charles P. Messina, Kendra Beaver, Dept. of Environmental Management, Providence, R.I., for plaintiffs.

James L. Paradise, Middletown, R.I., pro se.

Kenneth R. Tremblay, Tremblay & Gorton, Portsmouth, R.I., Donato Andre D'Andrea, Newport, R.I., Bruce Hunter Cox, Slepkow, Slepkow & Bettencourt, Inc., East Providence, R.I., Matthew Medeiros, Flanders & Medeiros, John Voorhees, Tillinghast, Collins & Graham, Providence, R.I., William Y. Chaika, Chaika & Chaika, Cranston, R.I., Stephen B. Lang, Barry Kusinitz, Martin Aisenberg, Temkin & Miller, Thomas H. Quinn, Jr., Providence, R.I., for defendants.


OPINION AND ORDER

PETTINE, Senior District Judge.

Raw sewage from the Sherwood Village development in Portsmouth, Rhode Island, has been pouring into the Sakonnet River since at least 1969. This has not been a secret; the stretch of river near the development has been closed for twenty years to shellfishing and swimming due to the sewage; the state has issued orders to stop polluting that have gone unheeded and unenforced; a home has been rendered uninhabitable...

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