03/30/09 - Judge Netti Vogel issued her own final order Monday in the Champlin’s matter. She did so after attorneys were at odds over the wording in a 15-page final order offered by Champlin’s. Those opposing the marina’s expansion — the town of New Shoreham, the Conservation Law Foundation and other environmental groups — objected to the marina including in its order 60 findings of fact from Vogel’s 91-page decision, which was delivered on February 24.

The judge’s ruling reversed the earlier Coastal Resources Management Council denial of the marina’s expansion application.

Vogel’s order says that the marina’s “substantial rights have been prejudiced” and its “Constitutional rights were violated.” The marina’s expansion application was therefore “granted in accordance with the decision and order of this court.”

With the final order granted, the objectors now have 20 days to file writs of certiorari to appeal the decision in the state Supreme Court.

After Vogel’s order was signed Monday, CLF filed a motion for a stay pending appeal in Superior Court. A stay would prevent the marina from moving forward on an expansion until the higher court decides whether or not to hear an appeal.

In the stay motion CLF attorney Jerry Elmer wrote that the organization’s “sole interest in this matter is to preserve the fragile ecosystem of one of Rhode Island’s premier environmental treasures, the Great Salt Pond of Block Island. If Champlin’s Marina is permitted to expand during the pendency of CLF’s appeal, damage may be done to the Great Salt Pond that would be difficult or impossible to repair.”

Extra: Read the Judgement

Extra: Read Judge Vogel's decision