Newport Realty, Inc. v. Lynch

I completely agree with the majority with respect to its holding on the standing of the Attorney General, acting on behalf of the citizens of Rhode Island.

However, I respectfully dissent from that portion of the majority opinion which holds that there was an incipient dedication of the wharves in question to public use. I do so because I believe that the majority misinterprets the law applicable to the facts and circumstances of this case and substitutes its judgment for that of the trial justice in a manner contrary to our well-settled standard of review.

As an initial matter, I have…