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STATE EX REL. CITY OF PROVIDENCE v. AUGER

No. 2010-169-C.A.

44 A.3d 1218 (2012)

STATE ex rel. CITY OF PROVIDENCE v. Troy AUGER.

Supreme Court of Rhode Island.

June 6, 2012.

Attorney(s) appearing for the Case

Megan K. Maciasz, Esq. , for Plaintiff.

Andrew Horowitz, Esq. , for Defendant.

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

OPINION

Justice ROBINSON, for the Court.

On February 23, 2010, a justice of the Superior Court found Troy Auger guilty of having violated Article III, § 16-93 of the Code of Ordinances of the City of Providence. On appeal to this Court, the defendant has set forth the following contentions: (1) that § 16-93 is preempted as a matter of law—both because it allegedly is in direct conflict with state statutes regulating noise and also because...

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