Spouting Rock Beach Association v. Garcia

This is a civil complaint 1 which was brought to enjoin the defendant Garcia, as the director of public works of the city of Newport, from carrying out an order given him by the other defendants, who are members of the Newport city council, to remove a chain link fence and shrubs maintained by the plaintiff across Bellevue Avenue, a public highway, and to clear the street for a width of 50 feet to the shore which lies some distance beyond the fence. A superior court justice heard the case and entered judgment for the defendants. The plaintiff has appealed this action to us.

The plaintiff is a…