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Citizens for Preservation of Waterman Lake v. Davis

Supreme Court of Rhode Island
420 A.2d 53 (1980)


Facts

The Town of Glocester (the Town) (plaintiff) entered into a contract that permitted Davis (defendant) to use certain property in the Town as a commercial dump. Davis used the property as a dump and contracted with third parties to permit the dumping of garbage from neighboring towns in the dump. Additionally, Davis allegedly dumped garbage in areas on the property designated as wetlands. Citizens for Preservation of Waterman Lake (Citizens) (plaintiff) brought suit in Rhode Island state court against Davis. Citizens alleged that Davis’ operation of the dump violated the Fresh Water Wetlands Act (wetlands act) and created a nuisance. The Town intervened as a plaintiff and alleged that Davis violated certain town ordinances by accepting garbage from other surrounding towns. The trial court ruled in favor of Davis on all counts, and Citizens and the Town appealed.

Rule of Law

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Issue

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Holding and Reasoning (Bevilacqua, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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