L.A. Ray Realty v. Town Council of the Town of Cumberland

FLANDERS,-Justice,

concurring in part and dissenting in part.

Although I agree with most of the court’s rulings on this appeal and with much of its reasoning in support of these rulings, I write separately because I wish to comment on what I perceive to be the legal significance of several aspects of the court’s opinion and because I respectfully disagree with some facets of the majority’s analysis.

I

The Availability of 42 U.S.C. § 1983 to Enforce Private-Property Rights

In Jolicoeur Furniture Co. v. Baldelli, 653 A.2d 740 (R.I.1995), the court refused to *215apply 42 U.S.C. § 1983 (“ § 1983”) to a…