PROVIDENCE – R.I. Superior Court Judge Jeffrey Lanphear ruled Thursday that the memorandum of understanding between the R.I. Coastal Resources Management Council and Champlin’s Hotel, Marina & Resort regarding a proposed dockage expansion into Great Salt Pond in New Shoreham is legitimate.
Thursday’s ruling is another chapter in an 18-year battle between Block Island conservancy groups, New Shoreham town officials and Champlin’s over the proposed expansion. On Dec. 29, 2020, the CRMC provided the assent for expansion to Champlin’s Marina during a closed session mediation that would satisfy the expansion to allow 156 more feet in seaward expansion.
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But the R.I. Supreme Court on March 26 denied Champlin’s Marina’s attempt to “incorporate and merge” the memorandum of understanding into a consent order before the court. That meant the assent couldn’t be used in Champlin’s Marina’s appeal of the Superior Court’s February 2020 denial for marina expansion.
R.I. Attorney General Peter F. Neronha also filed a motion with the Supreme Court to reject CRMC’s Dec. 29, 2020, approval, citing it was done without transparency.
The Committee for the Great Salt Pond was also concerned that the expansion would move forward.
However, Lanphear concluded in his 66-page ruling that the settlement and the memorandum of understanding were conducted and created “with propriety and are sufficiently conclusive.” Lanphear said all parties were aware that Champlin’s Marina and the CRMC were seeking to mediate the controversy that dates back to 2003, when the 250-slip marina first proposed to expand its dockage by 240 feet. The MOU notes the expansion would be 156 feet – about one-third of its original proposed size – and won’t allow any additional slips, among other proposed plans.
Lanphear said when the public groups and New Shoreham officials refused to discuss a resolution, and New Shoreham officials were told that the mediation would continue without their participation, it was appropriate for Champlin’s and the CRMC to mediate without them.
“The courts favor all litigants’ attempts to resolve their differences, and no party may independently block their efforts,” Lanphear ruled.
Now, with Lanphear’s ruling, the case is slated to be brought back to the state Supreme Court. Lanphear concluded that another hearing is “necessary” to allow for an opportunity to be heard, even though the intervenors “were provided with sufficient opportunities to be heard before this Court.”
“We are pleased with R.I. Superior Court Judge Jeffrey Lanphear’s ruling recognizing the validity of the MOU reached between Champlin’s and CRMC,” said Robert Goldberg, attorney for Champlin’s Marina, in a statement. “We hope that the ruling will resolve this 18-year dispute and allow Champlin’s to finally move forward with its modest expansion that protects the environment while also providing enhanced public access to the Great Salt Pond.”
Correction: The memorandum of understanding filed and approved by the R.I. Superior Court does not allow any additional slips to be added to the marina.
James Bessette is the PBN special projects editor, and also covers the nonprofit and education sectors. You may reach him at Bessette@PBN.com. You may also follow him on Twitter at @James_Bessette.
