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MARTELLINI v. LITTLE ANGELS DAY CARE, INC.

No. 2002-597-Appeal.

847 A.2d 838 (2004)

Paul M. MARTELLINI et al. v. LITTLE ANGELS DAY CARE, INC., et al.

Supreme Court of Rhode Island.

March 18, 2004.

Attorney(s) appearing for the Case

William M. Dolan, III, Providence, for Plaintiff.

Daryl Dayian, Providence, for Defendant.

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

OPINION

FLAHERTY, Justice.

The fate of a family day care home in a residential subdivision in the town of Johnston and the enforcement of a restrictive covenant threatening its continued operation are the subjects of this dispute. A justice of the Superior Court granted summary judgment in favor of the defendant day care home and its operators. Two aggrieved neighbors appealed that judgment. We reverse.

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