Champlin's Realty Associates, L.P. v. Tillson

823 A.2d 1162, 2003 R.I. LEXIS 165, 2003 WL 21356067
CourtSupreme Court of Rhode Island
DecidedJune 12, 2003
Docket2001-491-Appeal
StatusPublished
Cited by15 cases

This text of 823 A.2d 1162 (Champlin's Realty Associates, L.P. v. Tillson) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Champlin's Realty Associates, L.P. v. Tillson, 823 A.2d 1162, 2003 R.I. LEXIS 165, 2003 WL 21356067 (R.I. 2003).

Opinion

OPINION

WILLIAMS, Chief Justice.

The defendant, Town of New Shoreham (town, New Shoreham, or Block Island), appeals from a Superior Court judgment granting declaratory and injunctive relief in favor of the plaintiffs, Champlin’s Realty Associates, L.P. (Champlin’s), Viking Quest, Inc. (Viking Quest), Island Hi-Speed Ferry, LLC (Hi-Speed) and the Coastal Resources Management Council (CRMC) (collectively referred to as plain *1164 tiffs). 1 Specifically, the judgment declared that CRMC has exclusive jurisdiction over commercial ferry operations occurring in waters off Block Island and enjoined the town from enforcing a cease-and-desist order that prohibited Viking Quest and Hi-Speed from docking within those waters. For the reasons set forth herein, we affirm the judgment of the Superior Court.

I

Facts and Travel

This case arises from Block Island building official Marc Tillson’s (Tillson), attempt to enjoin certain commercial docking activities occurring within the “New Harbor” section of the Great Salt Pond (pond). 2 The pond is a tidal water body on Block Island and connected to the Atlantic Ocean. Payne’s New Harbor Dock (Payne’s) and Champlin’s own and operate docking facilities in New Harbor. The docks were scheduled to be used by two ferries as points of loading and unloading of passengers visiting the town. Viking Quest’s ferry, the Montauk, used the Champlin’s facility while Hi-Speed’s ferry docked at Payne’s.

In response to the Montauk’s docking activities, Tillson notified Champlin’s that the commercially zoned district encompassing its wharf did not permit ferry terminals. Thereafter, on October 18, 2000, the town issued a cease-and-desist order prohibiting the Montauk from docking at Champlin’s. That same month, Hi-Speed began ferrying passengers from the port of Galilee to Payne’s. On February 26, 2001, the town issued a cease-and-desist order to Payne’s notifying it that, by permitting Hi-Speed to dock at its wharf, it, too, was in violation of the town’s zoning ordinance. The notices to Champlin’s and Payne’s alleged similar violations of the town’s zoning ordinances.

Champlin’s and Viking Quest filed the instant action in Superior Court seeking declaratory and injunctive relief to block the town’s enforcement of its cease-and-desist order pertaining to Champlin’s. Hi-Speed intervened as a plaintiff to enjoin the enforcement of the cease-and-desist order issued against Payne’s. After a hearing, the Superior Court justice concluded that, by virtue of the docks’ location below the mean high-water mark, 3 CRMC retained exclusive jurisdiction over the matter. The town timely appealed. The committee of the Great Salt Pond and the Block Island Residents Association filed amicus briefs supporting the town’s position. The Attorney General of Rhode Island filed an amicus brief to support plaintiffs.

The town asserts that it has jurisdiction over the docking activities in this case by virtue of an 1887 legislative grant of own- *1165 ersMp of the pond from the state to the town. According to the town, in transferring ownership of the pond to the town, the state relinquished all rights to regulate within the pond and the town assumed exclusive jurisdiction. Alternatively, the town asserts that it has concurrent jurisdiction to prohibit the docking activities by virtue of its zoning authority over the land appurtenant to the docks.

II

Standard of Review

The only issue in this case is whether the town possesses jurisdiction over commercial ferry operations occurring in the pond. The answer to this question depends upon the interpretation of various statutes. This Court, as the ultimate arbiter of state law, conducts a de novo review of a trial justice’s interpretation of a statute. Town of Warren v. Thornton-Whitehouse, 740 A.2d 1255, 1259 (R.I.1999). When interpreting a statute, our ultimate goal is to give effect to the Legislature’s intention. Id. In doing so, this Court applies the well-established rule of construction that, when words in a statute are unambiguous, they must be given their plain, ordinary and usually accepted meaning. Pier House Inn, Inc. v. 421 Corp., 812 A.2d 799, 804 (R.I.2002). Further, we presume that the Legislature intended to attach a significant meaning to every word, sentence, or provision of a statute. Id.

III

Exclusive Jurisdiction

The town contends that it is vested with exclusive authority to regulate ferry operations occurring within the pond by virtue of an 1887 act. We disagree.

In 1887, the Legislature granted and ceded to the town, “[a]ll the right, title and interest of the state in and to the Great Salt Pond and the land covered thereby.” 1887 R.I. Acts & Resolves ch. 617, § 1. The act authorized the town “to cause the breach formerly existing between the Great Salt Pond and the sea, or some other way or passage for the inflowing of water from the sea into said pond to be opened between said pond and the sea, and to keep and maintain such opening so made.” Id. at § 2. If the town failed to open the pond to the sea or allowed the breach to “become and remain closed for a continuous period of one year, the grant and cession by the state * * * shall then immediately be annulled.” Id. at § 4.

Because this act purports to grant rights in tidal lands 4 to the town, we must consider the legal effect of the grant in light of the public trust doctrine. See Thornton-Whitehouse, 740 A.2d at 1259. “Any system of regulation of tidal land in Rhode Island must be viewed in the context of [an] ancient and still vital doctrine[ ] of the law of this state, namely, the public-trust doctrine * * Id. The public trust doctrine dictates that “the state holds title to all land below the high-water mark in a proprietary capacity for the benefit of the public.” Greater Providence Chamber of Commerce v. State, 657 A.2d 1038, 1041 (R.I.1995). “[T]he doctrine preserves the public rights of fishery, commerce, and navigation in these waters.” Id. To fully understand the import of the doctrine as it relates to the 1887 transfer, it is helpful to trace the development of the public trust doctrine since it emerged in this country. Although our sister states have applied the public trust doctrine in *1166 ways unique to their states, Greater Providence, 657 A.2d at 1042, the doctrine as a matter of American jurisprudence has an identifiable origin.

Since ancient times, the law has recognized the unique status of tidal lands through the public trust doctrine.

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823 A.2d 1162, 2003 R.I. LEXIS 165, 2003 WL 21356067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/champlins-realty-associates-lp-v-tillson-ri-2003.