Gott v. Norberg

This dissent is directed solely to that portion of the opinion of my colleague, Mrs. Justice Murray, which sets forth the conclusion that there has been a “taking” within the meaning of art. I, sec. 16, of the Rhode Island Constitution. The disagreement is based upon my firm belief that such a result undermines our past pronouncements defining the exact parameters of review available in this court under the Administrative Procedures Act (APA), to wit, G.L. 1956, (1977 Reenactment) chapter 35 of title 42. Furthermore, even if I were to assume that the majority’s consideration of the taxpayer’s…