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SHELTER HARBOR CONSERVATION SOC. v. ROGERS

No. 2010-16-Appeal.

21 A.3d 337 (2011)

The SHELTER HARBOR CONSERVATION SOCIETY, INC. v. Charles A. ROGERS et al.

Supreme Court of Rhode Island.

June 17, 2011.

Attorney(s) appearing for the Case

Adam M. Ramos, Esq. , Providence, for Plaintiff.

Robert G. Flanders, Jr., Esq. , Providence, for Defendant Rogers.

Michelle A. Buck, Esq. , for Defendant Town of Westerly.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Justice INDEGLIA, for the Court.

The plaintiff, The Shelter Harbor Conservation Society, Inc. (the Society or plaintiff), appeals from a Superior Court judgment granting Charles A. and Nancy L. Rogers's (the Rogerses or defendants) motion for summary judgment. The Society argues that a genuine issue of material fact exists about whether the defendants' lots had merged under the zoning ordinance of Westerly...

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