Rhode Island: Supreme Court citation practice | Citation rule(s)


Examples from Cullen v. Town Council of Lincoln, 893 A.2d 239 (R.I. 2006)

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There can be no doubt that the town's ability to adopt ordinances that govern the construction and regulation of a public sewer system is both provided for by law, P.L. 1984, ch. 270, and falls squarely within the municipal police power, see Mill Realty Associates v. Crowe, 841 A.2d 668, 674 (R.I. 2004) ("maintaining a public water supply and requiring that builders construct extensions to the town's public water system falls squarely within [a municipality's] police power"); Munroe v. Town of East Greenwich, 733 A.2d 703, 710 (R.I. 1999) ("zoning, land development and subdivision regulations constitute a valid exercise of [a municipality's] police power"). Proper exercise of this police power is accomplished exclusively by enacting municipal ordinances; however, a town council has discretion to impose requirements additional to an ordinance when provided for in the ordinance itself.

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We think that this case does not warrant excepting petitioners from the ordinary requirement that they make at least one meaningful application to a state agency before seeking a remedy in the courts by pleading futility. First, the council was presented with evidence that DEM might not be so quick to deny petitioners' application. In addition, petitioners' self-serving conclusion that traversing designated wetlands would present as grave a danger as their proposed pump station route is ultimately only meaningless speculation since DEM is the agency vested with the exclusive power to make precisely this determination. See generally G.L. 1956 §§ 2-1-18 through 2-1-24. Furthermore, while DEM's regulations may require it to deny a particular tie-in route if an alternate is available which does not traverse a designated area, see Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, Department of Environmental Management, 12 Code R.I. Reg. 190-25-9.05(E)(2)(b) (2001), it is unclear what DEM would do if the pump station route is no longer available due to the council's denial of petitioners' application.

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R.I. Sup. Ct. R. 16, http://www.courts.ri.gov/Courts/SupremeCourt/Supreme%20Court%20Rules/Supreme-Rules-Article1.pdf.

Rule 16. Briefs

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(j) Unpublished orders. Unpublished orders will not be cited by the Court in its opinions and such orders will not be cited by counsel in their briefs. Unpublished orders shall have no precedential effect.