Gregory v. State, Department of Mental Health, Retardation & Hospitals

OPINION

KELLEHER, Justice.

This case presents for our review a narrow and unremarkable problem involving the construction of terms contained in a common restrictive covenant found in the parties’ deeds. The broader issue providing the context for this case, however, is the complicated and emotional dilemma of where in our communities group homes for our mentally retarded citizens belong. The Rhode Island Department of Mental Health, Retardation and Hospitals (DMHRH), the defendant in this case, has requested our-review of the ruling by a Superior Court justice enjoining the DMHRH from building…