Gardner v. Baird

OPINION

This case came before the Supreme Court on March 1, 2005, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing arguments of counsel and reviewing the memoranda submitted by the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the appeal at this time.

This dispute arises from the plaintiffs’ use of an unimproved parcel of land located on Charlestown Beach Road in the Town of Charlestown and identified as lot No. 37 on assessor’s plat No. 9 (lot No. 37).…