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Dexter Credit Union v. City of Central Falls
Citations: 634 A.2d 1174; 1993 R.I. LEXIS 274; 1993 WL 536840Docket: No. 93-116-Appeal
Court: Supreme Court of Rhode Island; December 15, 1993; Rhode Island; State Supreme Court
The court convened on December 9, 1993, to evaluate the defendants' appeal against a Superior Court order that issued a preliminary injunction preventing them from obstructing the plaintiff, Dexter Credit Union's, access to Dexter Street. The injunction required the removal of posts blocking the plaintiff's curb cut and restoration of that curb cut to its condition as of June 3, 1992, pending further court orders. The review focused on whether the hearing justice had abused his discretion in granting the preliminary injunction. Key findings by the hearing justice included: Dexter Street being a state highway under the jurisdiction of the Rhode Island Department of Transportation (DOT), the DOT having issued a Physical Alteration Permit allowing relocation and closure of curb cuts, and that the permit implicitly ensured safe access to the plaintiff's premises. The hearing justice also determined that a barricade erected by the city of Central Falls obstructed one of the plaintiff's curb cuts, causing irreparable harm, and noted that the plaintiff demonstrated a high likelihood of success on the merits of the case. The court found no evidence of abuse of discretion by the hearing justice after considering the arguments and submissions from both parties. Consequently, the defendants' appeal was denied and dismissed, and the original judgment was affirmed.