R.I. Superior Court judge sides with property owners in shoreline access law dispute
WESTERLY, R.I. – July 15, 2024 – The Rhode Island General Assembly overstepped its bounds in drawing a line in the sand on shoreline access, a Washington County Superior Court judge ruled. The pair of decisions issued Friday, July 12, by Associate Justice Sarah Taft-Carter offers a win for beachfront property owners in South Kingstown and Westerly, who in separate complaints argued the state’s 2023 law amounted to an unconstitutional taking of their land.
But the victory may be short-lived, with an appeal to the state Supreme Court all but guaranteed, according to Sean Lyness, assistant professor of law at New England Law Boston who advised state legislators on the 2023 law.
“This case was always likely to address issues that the Rhode Island Supreme Court would need to weigh in on,” Lyness said in an interview on Monday. “I’d be very surprised if the state didn’t appeal.”
The Rhode Island Office of the Attorney General had asked the court to dismiss both cases without a trial, a request which Taft-Carter rejected in her July 12 motions. A final order is still expected in both cases.
“We respectfully disagree with the Superior Court’s decision to deny the State’s motion for summary judgment in two cases regarding recent shoreline access legislation,” Brian Hodge, a spokesperson for the attorney general’s office said in an emailed response Monday afternoon. “The Attorney General will continue to rigorously defend Rhode Islanders’ access to the shoreline and the litigation team is currently evaluating all options for moving forward.”
Hodge declined to comment on the prospect of an appeal because the litigation is still pending in Superior Court.
Lawmakers in 2023 attempted to settle a nearly 40-year debate over where public shoreline access begins, setting the line at 10 feet landward from the high tide line, visible by the collection of seaweed left as the water recedes. As expected, the law drew almost immediate pushback from property owners, first in federal court and then, after that case was tossed, through the state court system.
“We always knew it was not going to be easy,” said Topher Hamblett, executive director for Save the Bay and a vocal proponent for the new shoreline access law. “We’re not surprised by it. It was in the air during the whole legislative session…Click here to read the full article.