06/13/09 - The state Supreme Court announced Tuesday its intention to hear an appeal on the Champlin’s Marina expansion matter.

Oral arguments are set for September 29.

The court also agreed to consolidate the three separate appeal requests filed by the Coastal Resources Management Council, the Conservation Law Foundation and the town in conjunction with the Committee for the Great Salt Pond, the Block Island Land Trust and the Block Island Conservancy.

The appeals ask the state’s highest court to reverse a February ruling by Superior Court Judge Netti Vogel that allowed Champlin’s Marina to expand by about 3 acres in Block Island’s Great Salt Pond.

Vogel’s decision reversed an earlier CRMC denial of the expansion. The denial, which came in February 2006, was the result of a 5-5 council vote.

In her decision, Vogel ruled that three voting members of the CRMC — Chairman Michael Tikoian, Vice Chairman Paul Lemont and former council member Jerry Zarrella — had exhibited bias and had engaged in improper communications outside of the record.

The appellants, in their separate petitions to the Supreme Court, pointed to what they considered to be a plethora of procedural irregularities in the lead up to the CRMC decision, as well as many legal shortcomings in Vogel’s ruling. They also note a number of substantive scientific and navigational issues that they argue were never given proper weight in the proceedings to date.

“The Superior Court’s February ruling that allows Champlin’s Marina to expand is deeply flawed, and the decision by the Supreme Court to hear our appeal means that we will be able to make our arguments to show why that is true,” said Conservation Law Foundation attorney Jerry Elmer on Wednesday.

The Supreme Court also extended a stay on any effort to begin the expansion.

The CLF also has an appeal in the Superior Court, arguing that Vogel’s decision was tantamount to a CRMC approval of the expansion application, which means CLF should have a right of appeal.

Champlin’s has answered, arguing that there was no agency decision and therefore nothing to appeal.

On Wednesday, Champlin’s Marina attorney Robert Goldberg stood by Vogel’s ruling. “I think Judge Vogel issued a very sound decision,” Goldberg said.

However, in regard to the Supreme Court decision to take on the matter, Goldberg said, “I’m delighted they’ve set it down for oral arguments.”

Goldberg’s wife, Maureen McKenna Goldberg, is the acting chief justice on the Supreme Court. According to the order released Tuesday, she did not take part in the decision to hear the case.

Other reactions

“Of course I’m delighted,” New Shoreham First Warden Kim Gaffett said about the news. She added that she was relieved and looked forward to the higher court hearing the town’s position.

Committee for the Great Salt Pond President Corrie Heinz said she was “very hopeful.”

“Now we can get our side of the story told, and I feel very optimistic that things will go the way they should.”

Extra: Read the Supreme Court Order