DEM v. ADMINISTRATIVE ADJUDICATION DIV.

No. 2011-81-M.P.

60 A.3d 921 (2012)

STATE of Rhode Island DEPARTMENT OF ENVIRONMENTAL MANAGEMENT v. ADMINISTRATIVE ADJUDICATION DIVISION.

Supreme Court of Rhode Island.

December 6, 2012.


Attorney(s) appearing for the Case

Merlyn P. O'Keefe, Esq. , for Petitioner.

Gary Powers, Esq. , for Respondent.

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


OPINION

Justice FLAHERTY, for the Court.

The discovery of a catch of flounder that exceeded the allowable limit by thirty-seven pounds has led to a dispute that eventually has wended its way to this Court. On May 22, 2007, the F/V Cracker Jac, owned by Daniel R. Barlow, was tied to the dock at the fishing pier at Point Judith in Narragansett. Two enforcement officers of the Rhode Island Department of Environmental Management (DEM) boarded the boat at a time...

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