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CHERENZIA v. LYNCH

No. 2002-613-Appeal.

847 A.2d 818 (2004)

Robert CHERENZIA et al. v. Patrick LYNCH, in his Official Capacity as Attorney General of the State of Rhode Island.

Supreme Court of Rhode Island.

March 15, 2004.

Attorney(s) appearing for the Case

Keith B. Kyle, Providence, for Plaintiff. Michael W. Field, for Defendant.

Present: WILLIAMS, C.J., FLANDERS, GOLDBERG, FLAHERTY, and SUTTELL, JJ.

OPINION

FLANDERS, Justice.

This is a fish story of a legal sort. A state statute bars any person from using a self-contained underwater breathing apparatus (SCUBA) to harvest shellfish at four named coastal ponds in the state. G.L. 1956 § 20-6-30, as enacted by P.L.2001, ch. 412, § 1. Dangling their constitutionally protected "rights of fishery, and the privileges of the shore," R.I. Const., art. 1, sec...

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