04/04/09 - 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. The town, the Conservation Law Foundation, the Coastal Resources Management Council and other environmental groups objected to the marina including in its order 60 findings culled from Vogel’s 91-page decision.

The judge’s February 24 ruling reversed the earlier CRMC 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.” Under the ruling, the marina could expand by 3.08 acres in Block Island’s Great Salt Pond.

The objectors now have until April 20 to file writs of certiorari to appeal Vogel’s decision in the state Supreme Court.

After the final order was signed Monday, the town, the Committee for the Great Salt Pond, the CRMC and the CLF filed motions for a stay in Superior Court pending appeal, which Vogel subsequently denied.

In the stay motion CLF attorney Jerry Elmer wrote that “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.”

Elmer said Thursday that Vogel’s denial of the stay motions was “not unexpected.” The four groups will file similar motions with the state Supreme Court after their writs of certiorari have been filed.

Extra: Read the Judgement

Extra: Read Judge Vogel's decision