Supreme Court of Rhode Island, 1980

Milardo v. Coastal Resources Management Council

Milardo v. Coastal Resources Management Council
Supreme Court of Rhode Island · Decided June 24, 1980
419 A.2d 312; 1980 R.I. LEXIS 1911 (Atlantic Reporter, Second Series)

Milardo v. Coastal Resources Management Council

Opinion of the Court

ORDER

This case came before this court on May 6, 1980, pursuant to our order directing plaintiff to appear and show cause why his *313appeal should not be dismissed in view of the fact that review of the Superior Court order herein should have been sought by petition for certiorari. After hearing argument, we have concluded that, despite the procedural error, dismissal would be inappropriate because of the grave constitutional issues involved in this case. Accordingly, treating plaintiff’s appeal as a petition for statutory certiorari filed pursuant to the provisions of G.L. 1956 (1977 Reenactment) § 42-35-16, said petition for certiorari is hereby granted.

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