Legal Opinion
State of Rhode Island v. Chiello, K3-95-82a (1995)
Superior Court of Rhode Island
Decided July 6, 1995No. K3-95-82APublished
1Opinion of the Court
MOTION TO DISMISS
The matter now before this Court is the Defendant's motion to dismiss the criminal complaint which charges the Defendant with a violation of West Warwick ordinance § 93-12. The Defendant objects to the West Warwick ordinance based on the following arguments:(1) in enacting the ordinance, the West Warwick Town Council ("Council") acted without lawful authority;(2) the subject matter of the ordinance is preempted by State statutes, thereby causing the ordinance to be null and void;(3) the ordinance violates the First and Fourteenth Amendments to the United States Constitution…
2Cases cited21 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- California v. LaRueSupreme Court of the United States · 1973
- Michael M. v. Superior Court of Sonoma CountySupreme Court of the United States · 1981
16 more not listed; retrieve them via the Exa API.