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Rhode Island
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.
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.
“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.
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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Why is the flag at half staff? These are possible reasons
The flag of the United States of America is flown at half-staff on several occasions, generally marking that the country is in mourning
On Friday, May 15, flags will be flown at half-staff across the United States to commemorate Peace Officers Memorial Day.
Recognized each year since 1962 as part of May’s National Police Week, the national observance pays tribute to United States law enforcement officials who gave their lives in the line of duty, whether at the local, state or federal level.
“United in gratitude, we recommit ourselves to supporting those who keep the peace in our neighborhoods, and we offer our heartfelt appreciation for the service they render to community and country,” reads a proclamation from President Trump. “Their steady presence brings calm to our streets, their dedication preserves the order that allows our Nation to flourish, and their unwavering vigilance is the reason families across America can rest under the promise of a safer tomorrow.”
In memory of those who made the ultimate sacrifice, the flag of the United States at all public buildings and grounds across the country and its territories – including in Rhode Island – will fly at half-staff from sunrise to sunset on Friday, May 15.
Why are flags flown at half-staff?
According to the official website of the U.S. General Services Administration, flags typically fly at half-staff when the country or specific state is in mourning. Observances include national tragedies, days of remembrance and deaths of government or military personnel.
The president, the state governor or the mayor of Washington, D.C., can order flags to fly at half-staff.
Half-staff vs. half-mast
While half-staff refers to lowered flags on land, half-mast refers to those at sea. Both refer to a flag being flown beneath the top of its staff as a sign of respect.
RI’s Verdi Productions films ‘Bad News On The Doorstep’ in Providence
Verdi Productions wrapped filming of Tom DeNucci’s “Bad News On The Doorstep” early on May 23 in Providence.
Verdi Productions’ secret horror movie, “My Boyfriend is a Demon,” now filming in Rhode Island, is no longer a secret as Chad A. Verdi, the East Greenwich production company’s president, has announced the cast and given an outline of the movie’s plot.
The ensemble cast comprises veteran actors and rising young talents. The story follows Mary, a lonely, small-town girl who creates a fake Instagram account that pretends to be boyfriend, a guy too perfect to be real. Mary puts so much effort into making him “real” that he shows up at her door one day.
The cast includes:
- Mattias Ferrell, son of comic actor Will Ferrell and known for “A Very Jonas Christmas Movie” and “Anchorman 2: The Legend Continues.”
- Coco Arquette, daughter of Courteney Cox and David Arquette and known for “Cougar Town.”
- David Arquette, known for his work in the “Scream” film franchise.
- Rosanna Arquette, David’s sister and Coco’s aunt, known for “The Moment.”
- Bailey Sloan, known for “Ragamuffin.”
- Jack Champion, known for “Avatar.”
- Ever Anderson, known for “Peter Pan & Wendy.”
- Vinnie Hacker, known for “Euphoria.”
- Josephine Reitman, known for “Juno.”
- Savannah Lee Smith, kown for “Tunsel Town.”
- Lisa Yamada, known for “Elle.”
- Ty Law, known for “Friday Night Lights.”
“My Boyfriend is a Demon” is written and directed by first-time director mishka.
“My Boyfriend is a Demon” is filming in Providence
The movie began filming in Rhode Island in April and has rented Providence’s Cranston Street Armory for the month of May to use as a studio.
The producing team for Verdi Productions includes Chad A. Verdi, Chad Verdi Jr., Paul Luba, Michelle Verdi and Sera Verdi. Executive producers include Ketchup Entertainment and Kinolime.
Good morning! Happy Thursday! Today will be pretty unsettled with the chance for showers and t’storms. Friday will still be damp with showers and drizzle, but the weekend still looks amazing!
The one good thing with the rain, for allergy sufferers at least, the pollen levels will be lower. In fact, both today and tomorrow, the tree pollen counts will be low locally. Do expect a spike in the pollen count for Saturday and Sunday with the dry weather.
INTERACTIVE RADAR: Live Pinpoint Weather 12 Radar »
“https://www.wpri.com/weather-now/weather-now-for-thu-5-14-26/” FLIGHT TRACKER
“https://www.wpri.com/weather-now/weather-now-for-thu-5-14-26/” POWER OUTAGES
TODAY
Hour-by-hour forecast for today…
We’ll have some showers around during the morning commute today, but the greatest chance for showers and t’storms will be after 9AM and before 5PM.
Showers and thunderstorms could slow travel around mid-day. Rain could fall heavily at times.
A line of showers and t’storms will be sweeping across the area through the afternoon as a slow-moving weather systems moves through the region.
Highs today will be in the upper 50s to lower 60s with southeast to east winds of 5-15mph.
“https://www.wpri.com/weather-now/weather-now-for-thu-5-14-26/” BEACH AND BOATING FORECASTS
TONIGHT
Showers are still possible this evening; although they won’t be as numerous.
TOMORROW
That low center will be nearby Friday morning, and we’ll be stuck with a damp, cool windflow. Expect drizzle and showers in the morning and possibly some lingering showers in the afternoon.
Highs Friday will only be in the 50s. The average high this time of year is in the upper 60s.
LOOKING AHEAD
Then…there’s the weekend. Saturday looks amazing with lots of sunshine and dry weather. It’ll be warmer, too, with highs in the 70s.
-Meteorologist T.J. Del Santo
T.J. Del Santo (tdelsanto@wpri.com) is the weekday morning and noon meteorologist for 12 News. Connect with him on Facebook and Twitter and Instagram and Threads and BlueSky.
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