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RI judge sides with beachfront homeowner in court fight. What does it mean for public beach access?

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RI judge sides with beachfront homeowner in court fight. What does it mean for public beach access?


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A Superior Court judge has issued an initial decision siding with a beachfront homeowner who argued that Rhode Island’s 2023 shoreline access law amounted to an unconstitutional taking of private property.

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On Friday, Superior Court Judge Sarah Taft-Carter denied the state’s motion to dismiss the lawsuit filed on behalf of Stilts, LLC, which is owned by David Welch of South Kingstown. A final opinion is expected in the coming weeks, according to the Pacific Legal Foundation, which is representing Welch in court.

More: Rhode Island’s beaches are public. Here’s a quick guide to what you can and can’t do.

What the decision says

In 2023, the Rhode Island General Assembly passed a law establishing that the public has the right to use the shoreline up to 10 feet landward of the recognizable high tide line, also known as the “wrack line.”

Welch sued the state in October, noting that the four parcels of land on Charlestown Beach that belong to Stilts, LLC have varying deeds indicating that he owns out to the “high water mark,” “Atlantic Ocean,” “high water line,” and “mean high water mark.”

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The Rhode Island Attorney General’s office filed a motion to dismiss Stilts, LLC’s lawsuit, which was converted into a motion for summary judgment.

After hearing arguments on both sides, Taft-Carter issued a decision on Friday saying that the 2023 law was “clearly” a taking of private property.

Taft-Carter noted that a controversial Rhode Island Supreme Court case, State v. Ibbison, defined the boundary between public and private at the mean high tide line, which is scientifically calculated and invisible to the eye.

The 2023 law “reset” the division between public and private, and “extended the point of public access over the plaintiff’s private property,” she wrote.

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Breaking down the ruling

Taft-Carter agreed to dismiss one count of Stilts, LLC’s lawsuit, which argued that the shoreline access law translated to an unreasonable seizure of private property and violated the Fourth Amendment of the U.S. Constitution

But she rejected the state’s attempt to dismiss the other two counts, which alleged that the law was an unconstitutional taking that violates the Fifth Amendment, and that it amounted to inverse condemnation.

The decision does not spell out how Stilts, LLC, should be compensated, or what happens next.

“Our clients are gratified that the court agreed with what they have said from the start—the beach access law violates their rights,” Pacific Legal Foundation Senior Attorney J. David Breemer said in a statement. “As the court recognized, the beach access law infringed on our client’s property rights by moving the existing public beach boundary line ten feet landward, effectively confiscating our client’s property, which is an unconstitutional taking.” 

The foundation described the decision as “a major victory for those who own coastal property.”

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The Attorney General’s Office did not immediately respond to a request for comment.

Coastal property owners previously filed a lawsuit challenging the shoreline access law in federal court, but that suit was dismissed in September.



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Married couple from R.I. identified as victims in fatal Swansea crash

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Married couple from R.I. identified as victims in fatal Swansea crash


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The two victims were identified as a husband and wife from Rhode Island, local officials said.

A Rhode Island husband and wife in their 50s were identified as the two people killed in a Swansea car crash Friday night.

Carlolyn Carcasi, 54, and James Carcasi, 53, of Bristol, Rhode Island, were killed in the Feb. 27 crash, the office of Bristol County District Attorney Thomas Quinn said in a press release Monday.

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The crash occurred at the intersection of Route 136 and Route 6 in Swansea, Quinn’s office said.

Police in Cranston, Rhode Island identified the driver who allegedly hit the couple as Demitri Sousa, 28. Sousa allegedly shot and killed a man in Rhode Island nearly four hours before the crash, Cranston police said.

At around 12:18 a.m. Friday, Swansea police spotted Sousa’s Infiniti barreling down Route 6, Swansea officials said previously.

The couple was driving southbound on Route 136 when the Sousa crashed into the side of a Subaru Ascent. Both cars had “catastrophic damage,” and the Subaru was engulfed in flames, Swansea fire and police officials said. 

Both occupants of the Subaru were declared dead at the scene, Swansea officials said.

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Sousa was transported to a local hospital, where he is being treated for serious injuries. He is expected to live and will be held in Cranston police custody until he is medically cleared, police said Sunday.

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Women’s Fund of Rhode Island, leaders celebrate Women’s History Month with panel event

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Women’s Fund of Rhode Island, leaders celebrate Women’s History Month with panel event


Women’s Fund of Rhode Island and U.S. Sen. Jack Reed celebrated Women’s History Month in Cranston with a panel discussion on Monday.

The event was held at the Cranston Public Library at 9 a.m.

Reed and other leaders of WFRI hosted a panel discussion with women leaders in environmental and agricultural advocacy, education, community resilience, housing, finance, workforce development, and more, officials said.

Women’s Fund of Rhode Island and U.S. Sen. Jack Reed celebrated Women’s History Month in Cranston with a panel discussion on Monday. (WJAR)

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“Women have played a critical role in this process, most often without any recognition,” Reed said. “Today’s panel brings together an extraordinary group of women who are addressing the challenged of sustainability from various angles and I want to thank you all for your great efforts.”

The panelists highlighted their experiences, shared insights and tips on lifting up women’s voices, provided strategies for sparking change and more.

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According to officials, some of the panelists included Executive Director of the Rhode Island Food Policy Council Nessa Richman, Executive Director of Strategic Initiatives at Rhode Island College Kim Bright, Newport Housing Authority Executive Director Rhonda Mitchell and more.

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Man allegedly kills man in R.I. before causing car crash that killed 2 in Mass.

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Man allegedly kills man in R.I. before causing car crash that killed 2 in Mass.


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“On behalf of the Cranston Police Department, I want to extend my deepest condolences to the family and loved ones of Javon Lawson and the two individuals who were killed in the crash in Swansea,” Col. Michael J. Winquist said.

A Seekonk man is accused of murder after he allegedly shot and killed a man in Rhode Island before causing a car crash in Swansea that killed two people last week, police said.  

Demitri Sousa, 28, is charged with murder, using a firearm while committing a crime of violence, and carrying a pistol without a license, the Cranston Police Department said.

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The shooting occurred Thursday night in Cranston, police said in a press release.

That night, Sousa allegedly arrived at the Cranston home of Javon Lawson, 35. Sousa began banging on the side door of the home, police said. 

When Lawson approached the door, he was hit by gunfire from outside, police said.

First responders transported Lawson to the Rhode Island Hospital, where he was pronounced dead, Cranston police said.

“Based on the preliminary investigation, the motive is believed to be a dispute between the suspect and the victim over a mutual female acquaintance. Detectives are continuing this investigation to gain more insight, as well as to collect and analyze evidence,” Colonel Michael Winquist, Chief of Cranston police, said in an emailed statement to Boston.com.

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Neighbors gave police video footage that “showed a male subject wearing dark clothing and a mask walking toward the residence moments before the shooting and fleeing immediately afterward,” Winquist said.

The suspect was also seen running to a white Infiniti sedan which then drove off, the Cranston police chief said.

Shortly after the shooting, a license plate reader captured the vehicle driving southbound on Route 10, and then later in Fall River and Westport, Massachusetts. The sedan’s license plate was registered in Sousa’s name, Winquist said.

At around 12:18 a.m. Friday, Swansea police spotted Sousa’s Infiniti barreling down Route 6, Swansea officials said.

Just moments later, Sousa allegedly “crashed into the side of another vehicle, a blue 2022 Subaru Ascent that had been traveling southbound on Route 136,” Swansea Police Chief Mark Foley and Fire Chief Eric Hajder said in a joint press release.

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Both vehicles had “catastrophic damage,” and the struck car was engulfed in flames, the Swansea officials said.

The driver and passenger of the hit car — a man and a woman — were declared dead at the scene, they said.

“Swansea Police had been alerted to be on the lookout for the suspect vehicle. However, Swansea Police were not involved in the pursuit and were not pursuing the vehicle at the time of the crash,” the Swansea chiefs wrote. Swansea official have not announced charges related to the fatal crash.

Sousa had been driving the Infiniti and appeared to be suffering from serious injuries, Winquist said. Inside the car, police found a pistol and “additional .22 caliber ammunition was recovered” from Sousa at Rhode Island Hospital, Winquist said.

Police arrested Sousa and transported him to Rhode Island Hospital. Sousa is expected to survive, Winquist said. Sousa will be held in Cranston police custody until he is conscious and medically cleared, Winquist said.

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“On behalf of the Cranston Police Department, I want to extend my deepest condolences to the family and loved ones of Javon Lawson and the two individuals who were killed in the crash in Swansea,” Winquist said.

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