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TOWN OF NORTH KINGSTOWN v. ALBERT

No. 99-211-Appeal.

767 A.2d 659 (2001)

TOWN OF NORTH KINGSTOWN v. Gerry ALBERT et al.

Supreme Court of Rhode Island.

March 6, 2001.

Attorney(s) appearing for the Case

A. Lauriston Parks, Jamestown, for Plaintiff.

John J. Kupa, Jr., North Kingstown, for Defendant.

Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

OPINION

GOLDBERG, Justice.

This case came before the Court on appeal from a final judgment of the Superior Court entered in favor of Gerry and Susan Albert (the Alberts or defendants) by the Town of North Kingstown (town or plaintiff). The town has asserted that the trial justice erred in denying its request to permanently enjoin defendants from completing excavation on their property to create an irrigation pond designed to provide an adequate water supply...

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