Legal Opinion · Dissent

Viveiros v. Town of Middletown

Supreme Court of Rhode Island

Decided July 2, 2009No. 2008-166-AppealPublished

1DissentRobinson, J.

While the result reached by the Court might meet with my approval if I were sitting as a delegate to a constitutional convention, my judicial role requires me to focus on what the language of the constitutional provision at issue actually says. From that perspective, I cannot agree with the Court’s reading of what I consider to be the clear language of article 13 of the Rhode Island Constitution. Therefore, I respectfully dissent.

I have read article 13 of our Constitution over and over again, and each time I have been struck by the following pellucid language in section 6 of that article:

“When…

2Cases cited11 opinions

  1. Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
  2. Luther v. BordenSupreme Court of the United States · 1849
  3. Carcieri v. SalazarSupreme Court of the United States · 2009
  4. City of Pawtucket v. SundlunSupreme Court of Rhode Island · 1995
  5. McKenna v. WilliamsSupreme Court of Rhode Island · 2005

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