In a victory for opponents of the proposed Champlin’s Marina expansion, the state Supreme Court Thursday called for a remand of the case back to the Coastal Resources Management Council for another vote. The decision reverses a previous Superior Court ruling that allowed the marina to expand by three acres in the Great Salt Pond.

“This is a big win for the Conservation Law Foundation, the Committee for the Great Salt Pond and for Block Island,” said CLF attorney Jerry Elmer.

The town of New Shoreham, joined by the CLF and a group of island environmental organizations, had appealed Superior Court Judge Netti Vogel’s decision to allow the expansion. Vogel’s ruling reversed a previous Coastal Resources Management Council denial of the expansion after having found bias on the part of three voting members.

The Supreme Court agreed in part with Vogel’s decision, which found that CRMC Chair Michael Tikioan had demonstrated bias against the marina, and that former CRMC member Jerry Zarrella had a similar bias against the town.

However, the Supreme Court disagreed that CRMC Vice Chair Paul Lemont had demonstrated bias. It also disagreed with Vogel’s allowing cross-examination of quasi-judicial officials, such as the CRMC members, which delved into thought processes. The Supreme Court decision also disagreed with Vogel’s contention that she had to grant the expansion permit because the CRMC was no longer a constitutionally valid body.

The CRMC still meets every month and renders decisions on applications.

The court decided that the matter had to go back to the CRMC for another vote because, as Elmer said, “the agency is where the expertise is.”

The ruling also says the CRMC should include material that was excluded from the original official record, namely an alternative expansion plan put together by CRMC staff member Dan Goulet.

“In our opinion,” reads the decision, “this case should be returned to the Superior Court with an order that that tribunal remand the matter to the CRMC. That body should be ordered to expeditiously reopen the hearing on the Champlin’s application. The record is to be expanded to include the Goulet plan and all supporting materials. Any party may cross-examine individuals involved in the creation of the Goulet plan and all supporting materials. The current CRMC’s membership may vote on the matter. Each voting member must certify that he or she has read the entire record….”

The transcript of the 23 CRMC hearings on the matter runs to 3,000 pages.

There are currently eight members on the CRMC, five of which took part in the original Champlin’s vote in February 2006. Of the five still on the board, four voted against the expansion and one voted for it.

Justice William P. Robinson remarked, “This case is of great importance to those concerned with environmental preservation, to those who seek to engage in construction projects in the coastal areas, and to those interested in the intricacies of administrative law.”

Robinson did not agree with his fellow justices who found bias on Tikoian’s part. He called Tikoian “a conscientious public official”

The Block Island Times will provide an in-depth examination of the 63-page decision in the next issue.