Judge dismisses marina’s lawsuit - Soundings Online

Judge dismisses marina’s lawsuit

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OCT. 18 — A federal judge tossed out a lawsuit filed by a Rhode Island marina, charging Gov. Don Carcieri with improperly interfering in its plans to expand on Block Island, The Boston Globe reported.

U.S. District Judge Mary Lisi last week rejected several complaints that Champlin's Marina filed against Carcieri and his former chief of staff, Kenneth K. McKay IV. The marina argued that Carcieri and McKay improperly intervened against Champlin's with several members of the Coastal Resources Management Council before the council rejected the marina's expansion plan with a 5-5 vote, according to The Boston Globe.

Lisi rejected a claim that Carcieri's lobbying denied Champlin's due process.

She said Carcieri and McKay's actions did not reach "the high threshold of 'truly horrendous' behavior necessary to support a substantive due-process claim," the newspaper reported.

In a statement, Carcieri said he "will not be silenced by bogus lawsuits. I will continue to speak out and state my opposition to projects that threaten our environment."

Champlin attorney Robert Goldberg told The Providence Journal he was "very troubled by the concept that an outside party can direct a quasi-judicial officer on how to vote."

He continues to appeal the council decision in Superior Court.