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Superior Court judge upholds Barrington property owners’ right to block public access to seawall • Rhode Island Current

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Superior Court judge upholds Barrington property owners’ right to block public access to seawall • Rhode Island Current


If it’s not in writing, you can’t enforce it.

So ruled Rhode Island Associate Justice Kristen Rodgers in an Aug. 9 decision, affirming a Barrington couple’s argument that they should not have to maintain a public access walkway along a seawall at the edge of their property because the public access permit wasn’t included in land records until years later. 

Rodgers’ 18-page order overturns a December decision by the Rhode Island Coastal Resources Management Council, calling its decree to maintain public access to the seawall “non-sensical” and “in no support of the law.”

“Accepting CRMC’s conclusion would mandate that every unrecorded interest in property will ultimately become enforceable against bona fide purchaser for value whenever that unrecorded interest surfaces,” Rodgers wrote in the decision. 

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CRMC affirms public access along Barrington seawall despite lack of documentation

The ruling is the latest twist in a three-year battle between state coastal regulators and Holly and Lance Sheffield, who purchased the six-bedroom home on Barrington’s Nayatt Road in May 2021. The couple has insisted in oral and written testimony that they had no idea the 430-foot-long seawall separating their property from Narragansett Bay must include a 2-foot-wide public path to the adjacent public access point on Elm Lane. 

Daniel Procaccini Jr., the attorney representing the Sheffields, said his clients were pleased with the decision.

“The Court recognized what they have said from the very beginning—CRMC cannot enforce an unrecorded assent against unknowing, innocent homeowners,” Procaccini said in an email Tuesday. “It is disappointing that my clients had to spend the better part of 3 years litigating this issue through multiple appeals to obtain a ruling that was obvious from the outset. The Sheffields are now looking forward to putting this issue behind them and to enjoying the same level of privacy that any homeowner could expect.”

But the dispute may not be settled.

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“The CRMC is reviewing the court’s decision and is considering appealing it to the Supreme Court,” Laura Dwyer, an agency spokesperson, said in an email Tuesday. 

The 1982 permit requiring the public access point was never entered into land records, because state law didn’t require such recordings until 1988. Further obscuring access to the information were subdivisions of the land and multiple sales since the 1982 permit.

But after the couple put up wire fencing, cameras, and later a security guard to block alleged “trespassers,” state coastal regulators intervened, issuing a pair of cease and desist orders in September 2021 and May 2022 based on the 1982 public access permit.

The dispute landed in Providence County Superior Court in March 2023 because the council failed to respond to the Sheffields’ petition to administratively dismiss the public access requirement within the time frame set out by state law. A judge sent the issue back to  the CRMC in November 2023 with a strict, 20-day deadline to make its decision. The council upheld public access to the path, maintaining that the Sheffields’ plea of ignorance did not let them flout state law enshrining shoreline access. Less than a week later, the Sheffields through their attorney appealed the decision back to Superior Court. The December complaint alleges the council was “arbitrary, capricious and legally erroneous,” pointing to the lack of case law or state statute cited by the council to back up its decision.

“Indeed, in CRMC’s revisionist history, it appears no court had any occasion to comment on this unique exception to an otherwise well-understood and broadly applicable doctrine,” the complaint states.

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The CRMC in response pointed to new evidence shared in the Sheffields’ court testimony — but not previously included in its public decision process — regarding Holly Sheffield’s familiarity with state coastal regulations; in other words, she should have known to investigate potential rules around the seawall. The CRMC argued the omitted information meant the decision should be sent back (again) to the state agency. 

But Rodgers disagreed, instead siding with the Sheffields based on state law allowing for judicial review when all other administrative options for contested cases were “exhausted.”

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Rhode Island drew record number of visitors in 2023 • Rhode Island Current

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Rhode Island drew record number of visitors in 2023 • Rhode Island Current


The silver lining of inflation: Rhode Island’s tourism economy benefited from $5.6 billion in visitor spending in 2023, according to new research by a state commissioned consultant.

A presentation by international firm Tourism Economics for Rhode Island Commerce Corporation showed visitor spending grew more than twice as fast as the increase in the number of visitors in 2023. The 28.4 million people who traveled to the Ocean State in 2023 is 2.2% higher than the prior year, but their total spending on travel, food, lodging and entertainment grew 4.6% year-over-year.

That’s driven by demand growth as well as price hikes for commodities and services, according to the research.

More than one-quarter of the direct spending, 26%, stemmed from food and beverage sales. Lodging, including hotels, second houses and short-term rentals, was the second-highest expense, contributing $1.2 billion. 

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Air transportation saw the biggest annual increase, up 10.2%, to $328 million in 2023. Rhode Island Airport Corporation, the quasi-public entity that manages the state’s airports, gets a share of revenue from passengers on flights, as well as fees for the airlines to land, use hangar space, and other related services.

In March 2023, Breeze Airways opened a permanent base at Rhode Island T.F. Green International Airport, with plans to invest $160 million and hire up to 250 employees over the next five years. Commerce awarded the Utah-based airline $2.9 million in tax credits tied to the job creation plans.

Commerce has also experimented with various destination marketing ploys, from giant, traveling stuffed quahogs to the $2.2 million “All That” ad campaign rolled out in February of this year. 

“The economic activity generated from the travel sector represents a critical component of the state’s current and future growth,” Anika Kimble-Huntley, Commerce’s chief marketing officer, said in a statement. “The Commerce team will continue to work with our great partners, statewide, to support the upward trajectory of tourism and record-breaking visitation.”

Visitor count and direct spending in 2023 broke prior state records, exceeding pre-pandemic numbers. However, the number of jobs tied to the state’s tourism economy remains slightly below its 2019 peak.

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The 38,329 jobs directly tied to the tourism economy in 2023 remains about 1,000 jobs, or 2.5%, below 2019 levels. Including jobs that indirectly benefited from tourism, 2023 activity helped to sustain 86,612 jobs, while generating $935 million in state and local tax revenues, according to the research.

“Tourism plays a vital role in Rhode Island’s economy by creating jobs, supporting our local businesses, and showcasing everything that makes our state a premier destination,” Commerce Secretary Liz Tanner said in a statement. “I applaud the dedicated efforts of the tourism team at Rhode Island Commerce and all others in the industry that helped reach this accomplishment.”

Including direct spending, jobs and tax revenue, the visitor economy totaled $8.3 billion in 2023, a 4.5% increase over the prior year.

The research reflects federal labor and jobs statistics, state and local tax revenues, short-term rental information and information from market research group Longwoods International. 

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Rhode Island’s Farrell, Brown’s Lilly collect hoops hardware. Here’s what they won

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Rhode Island’s Farrell, Brown’s Lilly collect hoops hardware. Here’s what they won


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Kino Lilly Jr. and Tyonne Farrell took home some hardware as college basketball season cruised past the halfway point of its opening month.

Lilly was named the Ivy League Player of the Week and Farrell repeated as the Atlantic 10 Rookie of the Week. The guard from Brown and forward from the University of Rhode Island received their respective honors on Monday afternoon.

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Lilly posted three 20-point games in as many nights for the Bears at their College Hill Classic, which was played at the Pizzitola Center. He hit for 26 points in an opening Friday win over New Hampshire and collected 20 in a closing Sunday victory over Sacred Heart. Lilly was 14-for-29 from 3-point range and posted 13 assists.

Lilly set a Brown program mark in the middle game against Holy Cross, surpassing JR Hobbie as the all-time leader in 3-pointers. Hobbie connected 257 times from beyond the arc in his 115 games, a career that ran from 2013-17. Lilly is currently at 264 makes from deep through 91 career games, starting with the Bears in 2021.

Farrell recorded a first career double-double in a blowout of Franklin Pierce, totaling 10 points and 10 rebounds in the 105-73 triumph. Farrell added six assists and two steals in just 22 minutes, as the Rams pulled away in the second half. He was a plus-22 in the box score.

Farrell is the first URI freshman to win consecutive conference rookie honors since E.C. Matthews grabbed four straight in 2013-14. That string was broken by teammate Hassan Martin — both cornerstones were among the first recruiting class brought in by former coach Dan Hurley. Farrell looks to have the makings of an impact talent for the Rams, starting each of his first three career games.

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Brown will be back in action on Saturday at Canisius. URI returns sooner, hosting Lafayette in a 7 p.m. tip on Wednesday. The two teams will renew their rivalry series on Dec. 10 on the East Side.

bkoch@providencejournal.com

On X: @BillKoch25



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Rhode Island gas prices tick down 3 cents over past week

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Rhode Island gas prices tick down 3 cents over past week


PROVIDENCE — Motorists in the northeast have enjoyed watching prices continue to inch lower at the pump as gloomier demand forecasts grip global petroleum markets.



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