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VIVEIROS v. TOWN OF MIDDLETOWN

No. 2008-166-Appeal.

973 A.2d 607 (2009)

Antone VIVEIROS et al. v. TOWN OF MIDDLETOWN et al.

Supreme Court of Rhode Island.

July 2, 2009.

Attorney(s) appearing for the Case

Joseph R. Palumbo, Esq., Middletown, for Plaintiff.

Francis S. Holbrook, Esq., for Defendant.

Present: GOLDBERG, Acting C.J., and FLAHERTY, SUTTELL, ROBINSON, JJ., and WILLIAMS, C.J. (Ret.).

OPINION

Justice SUTTELL, for the Court.

We are presented in this case with a question of constitutional construction concerning the home-rule provisions of the Rhode Island Constitution: Once a municipality has adopted a home-rule charter, must any change to the charter be accomplished only in accordance with the amendment procedures set forth in section 8 of article 13 of the Rhode Island Constitution, or may a new charter be adopted pursuant to procedures...

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