Newport Court Club Associates v. Town Council of the Town of Middletown

I respectfully dissent. In my opinion, the decision of the majority represents a judicial repeal of a portion of the Rhode Island Constitution without the approval of the voters.

Article 13, section 4, of the Rhode Island Constitution limits the power of the Genera al Assembly over cities and towns that have enacted home rule charters. Although the General Assembly may enact laws “which shall apply alike to all cities and towns,” an “act in relation to the property, affairs and government of a particular city or town” is effective only “upon approval by a majority of the qualified electors of…