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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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Truckers ordered to pay own legal bills from failed RI toll lawsuit

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Truckers ordered to pay own legal bills from failed RI toll lawsuit


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The trucking industry will have to pay its own legal bills for the unsuccessful eight-year-old lawsuit it brought to stop Rhode Island’s truck toll system, a federal judge ruled Friday, March 27.

The American Trucking Associations was seeking $21 million in attorneys fees and other costs from the state, but a decision from U.S. District Judge John McConnell Jr. says the truckers lost the case and will have to pick up the tab.

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The state had previously filed a counterclaim for reimbursement of $9 million in legal bills, but an earlier recommendation from U.S. Magistrate Judge Patricia Sullivan had already thrown cold water on that possibility.

McConnell ordered American Trucking Associations to pay Rhode Island $199,281, a tiny fraction of the amount the state spent defending the network of tolls on tractor trailers.

Settling the lawyer tab may finally bring an end to a court fight that bounced back and forth through the federal judiciary since the toll system launched and the truckers brought suit in 2018.

As it stands, the state’s truck toll network has been mothballed since 2022 when a since-overturned judge’s ruling temporarily ruled it unconstitutional.

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The Rhode Island Department of Transportation said it hopes to relaunch the tolls around March 2027.

The court costs fight hinged on which side could claim legal “prevailing party” status as the winner of the lawsuit.

The trucking industry claimed that it had won because the First Circuit Court of Appeals ruled an in-state trucker discount mechanism, known as caps, in the original truck toll system was unconstitutional.

But Rhode Island argued that it is the winner because the appeals court had ruled that the larger system and broad concept of truck tolls is constitutional and can relaunch with the discounts stripped out.

“The Court determines that ATA has vastly overstated the benefit, if any, that they have received from the ultimate resolution of their challenge to the RhodeWorks program,” McConnell wrote.

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The truckers “failed to obtain any practical benefit from the First Circuit’s severance of the [in-state toll] caps,” he went on. “Specifically, the evidence from this dispute confirmed that the lack of daily caps will result in ATA paying a higher amount in daily tolls and that it does not receive any tangible financial benefit from their elimination.”

In her December analysis of the legal fees question, Sullivan had concluded that the Trucking Associations’ outside counsel had overbilled and overstaffed the case.

But she had recommended that the industry be reimbursed $2.7 million for its bills, while McConnell’s ruling gives it nothing.



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Think you’re middle class in Rhode Island? Here’s the income range

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Think you’re middle class in Rhode Island? Here’s the income range


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Your household can earn more than $160,000 a year and still be considered part of the “middle class” in Rhode Island, according to a recent study by SmartAsset.

Rhode Island is the state with the 17th-highest income range for households to be considered middle class, based on SmartAsset’s analysis using 2024 income data from the U.S. Census Bureau. The Pew Research Center defines the middle class as households earning roughly two-thirds to twice the national median household income.

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According to a 2022 Gallup survey, about half of U.S. adults consider themselves middle class, with 38% identifying as “middle class” and 14% as “upper-middle class.” Higher-income Americans and college graduates were most likely to identify with the “middle class” or “upper-middle class,” while lower-income Americans and those without a college education generally identified as “working class” or “lower class.”

Here’s how much money your household would need to bring in annually to be considered middle class in Rhode Island.

How much money would you need to make to be considered middle class in RI?

In Rhode Island, households would need to earn between $55,669 and $167,008 annually to be considered middle class, according to SmartAsset. The Ocean State has the 17th-highest income range in the country for middle-class households.

The state’s median household income is $83,504.

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How do other New England states compare?

Rhode Island has the fourth-highest income range for middle-class households in New England. Here’s what households would have to earn in neighboring states:

  1. Massachusetts (#1 nationally) – $69,885 to $209,656 annually; median household income of $104,828
  2. New Hampshire (#6 nationally) – $66,521 to $199,564 annually; median household income of $99,782
  3. Connecticut (#10 nationally) – $64,033 to $192,098 annually; median household income of $96,049
  4. Rhode Island (#17 nationally) – $55,669 to $167,008 annually; median household income of $83,504
  5. Vermont (#19 nationally) – $55,153 to $165,460 annually; median household income of $82,730
  6. Maine (#30 nationally) – $50,961 to $152,884 annually; median household income of $76,442

Which state has the highest middle-class income range?

Massachusetts ranks as the state with the highest income range to be considered middle class, according to SmartAsset. Households there would need to earn between $69,900 and $209,656 annually. The state’s median household income is $104,828.

Which state has the lowest middle-class income range?

Mississippi ranks last for the income range needed to be considered middle class, according to SmartAsset. Households there would need to earn between $39,418 and $118,254 annually. The state’s median household income is $59,127.



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AARP report highlights scale and value of unpaid caregiving in Rhode Island

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AARP report highlights scale and value of unpaid caregiving in Rhode Island


“Nationally there are 59 million Americans who are providing care for a loved one and that is 49.5 billion hours of care annually. It’s valued at a trillion dollars,” said Catherine Taylor, the director of AARP Rhode Island; AARP, the nation’s largest non- profit, dedicated to empowering people 50 and older.

In Rhode Island, the report shows 155,000 people serve as caregivers, providing 111 million hours of care.

Barbara Morse reports on unpaid caregivers. (WJAR)

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“The total impact is $2.8 billion a year,” said Taylor.

It’s not just babysitting a loved one.

Catherine Taylor, the director of AARP Rhode Island, spoke with NBC 10’s Barbara Morse about the value of caregiving. (WJAR)

“People are doing a lot more nursing tasks, you know–wound care, injections and things like that and they’re doing a lot more intensive daily care, like bathing, and dressing and feeding than we used to,” she said.

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Its latest report–“Valuing the Invaluable.”

“The whole point of this report is to draw attention to how many family care givers there are and what the magnitude of what the need is for their support,” said Taylor.

That includes financial support and respite care.

AARP wants you to know this:

An older man using equipment in a gym. (FILE)

An older man using equipment in a gym. (FILE)

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In Rhode Island, temporary caregiver insurance or TCI is available to folks who qualify, for up to eight weeks.

There are federal tax credits you may qualify for. There is help.

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“All you have to do is call 211 and say you’re a family caregiver and they will connect you to all of AARP’S trusted information, including a Rhode Island specific guide on resources for caregivers,” she said.

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