Sakonnet Rogers, Inc. v. Coastal Resources Management Council

536 A.2d 893, 1988 R.I. LEXIS 12, 1988 WL 6993
CourtSupreme Court of Rhode Island
DecidedFebruary 5, 1988
Docket85-412-M.P.
StatusPublished
Cited by35 cases

This text of 536 A.2d 893 (Sakonnet Rogers, Inc. v. Coastal Resources Management Council) 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
Sakonnet Rogers, Inc. v. Coastal Resources Management Council, 536 A.2d 893, 1988 R.I. LEXIS 12, 1988 WL 6993 (R.I. 1988).

Opinion

OPINION

SHEA, Justice.

This is a petition for the issuance of a writ of certiorari to review a Superior Court judgment affirming the decision of the Coastal Resources Management Council (CRMC) denying petitioner’s application for permission to move a dwelling and construct a foundation and sewer system on a designated “coastal natural area.” We quash the judgment and remand the case to the Superior Court with instructions.

The petitioner owns two lots located on Sakonnet Point in the town of Little Compton. The lot at issue is on the west side of Bluff Head Avenue (West Lot). The other lot is directly across the street on the east side of Bluff Head Avenue (East Lot).

The petitioner purchased West Lot in 1977. At the time of purchase a small house existed on the property. However, as part of the purchase agreement, the seller retained ownership of the house and later moved it off the property. West Lot remained vacant until December 1981.

In 1981 petitioner applied for a permit from the town of Little Compton to move a small cottage that existed on East Lot onto West Lot. It planned to use this cottage as a residence for a caretaker or watchman. On December 1, 1981, the town of Little Compton granted the permit, conditioned upon the approval of CRMC. 1

Under the Coastal Resources Management Program (CRMP), as amended January 24, 1980, Sakonnet Point has been designated a “coastal natural area,” CRMP § 120.3-1(D), and a part of a “shoreline system,” CRMP § 120.0-2(A)(l)(b). No alteration of a shoreline system is permitted without approval from CRMC. Section 120.-0-2(C)(l). In reviewing an application for alteration, CRMC must determine, among other things, whether:

“the coastal resources are capable of supporting the proposed activity of alteration including the impacts and/or effects upon:
a) Circulation and flushing patterns
b) Sediment deposition patterns
c) Biological communities, including vegetation, shellfish and finfish resources and wildlife habitat
d) Aesthetic and/or recreational value
e) Water quality
f) Public access to and along the shore
g) Erosion and flood hazards
h) Runoff patterns
i) Existing activities.” CRMP § 120.0-2(0(4).

The first hearing on this application was held on May 19, 1982, before a CRMC subcommittee. The president of petitioner’s corporation testified for petitioner. He addressed the impact of the proposed alteration upon the criteria set forth in § 120.0-2(C)(4). Harbor Watch, intervenor in the case, presented one of its members who testified against the application on aesthetic grounds. 2 Also introduced into the official record were several staff re *895 ports that recommended denial of petitioner’s application. The subcommittee recommended that the full committee deny petitioner’s application.

The full committee considered the matter on December 14, 1982. The petitioner presented additional testimony from the president of petitioner’s corporation and an expert in the field of geology. Harbor Watch also presented two witnesses who opposed the application.

On February 15, 1983, CRMC issued its decision denying petitioner’s application. The decision was later amended when council staff for CRMC discovered it had inadvertently omitted a paragraph from the original order.

The appeal to the Superior Court was denied on August 22, 1983, and thereafter petition for writ of certiorari was granted,

The Coastal Resources Management Council’s Amended Decision includes the eight findings of fact quoted below. 3 None of these findings address the impact of the alteration upon the § 120.0-2(C)(4) criteria. Rather the first finding merely describes the geological and geographical characteristics of the lot and the fact that it has been designated as a “coastal natural area.” The second finding states the type of flood zone on which the lot is located. The third finding indicates that although there is no form of shoreline protection on the proper *896 ty, large rocks serve as an informal buffer between the surf area and the upland portion of the lot. The fourth and eighth findings discuss the actions that led to the January 8, 1982 cease and desist order and the fact that the president of petitioner’s corporation was aware that his actions were illegal. The fifth finding notes that the solid-wall foundation was constructed at 8.5 feet, 3.5 feet below the lowest floor allowed under the State of Rhode Island Building Code. 4 The sixth finding states that petitioner was issued a permit for an individual sewage system and that the project had received the state’s water quality certification. The seventh finding states that the project would have no effect on historic or archaeological properties.

Under G.L. 1956 (1980 Reenactment) § 46-23-6, the “primary responsibility” of CRMC is “the continuing planning for and management of the resources of the state’s coastal region.” In creating CRMC, the Legislature clearly delineated its policy goals:

“[T]o preserve, protect, develop, and where possible, restore the coastal resources of the state for this and succeeding generations through comprehensive and coordinated long-range planning and management designed to produce the maximum benefit for society from such coastal resources; and that preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured, judged and regulated.” Section 46-23-1. See also Milardo v. Coastal Resources Management Council, 434 A.2d 266, 271 (R.I. 1981).

These laudatory objectives, however, do not exempt CRMC from compliance with the Rhode Island Administrative Procedures Act. Under G.L. 1956 (1984 Reenactment) § 42-35-12, “[findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.” See East Greenwich Yacht Club v. Coastal Resources Management Council, 118 R.I. 559, 569, 376 A.2d 682, 687 (1977).

In East Greenwich Yacht Club, we affirmed a Superior Court ruling remanding a case back to the Coastal Resources Management Council. The Coastal Resources Management Council had neglected to include any basic findings in its decision. We found that “[t]he absence of required findings makes judicial review impossible * * * and fails to satisfy the statutory requirements of § 42-35-12.” 118 R.I. at 569, 376 A.2d at 687.

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536 A.2d 893, 1988 R.I. LEXIS 12, 1988 WL 6993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sakonnet-rogers-inc-v-coastal-resources-management-council-ri-1988.