‘Do it again, but the right way.’
By Nancy Lavin, Rhode Island Current
The embattled Rhode Island Coastal Resources Management Council was dealt another blow last week after a Superior Court judge tossed one of its most high-profile and controversial decisions because the panel violated its own procedures.
Perry Raso. Photo: Chip Riegel, Edible Rhody
The 48-page order from Associate Justice Joseph Montalbano reopens the longstanding battle between acclaimed restaurateur and oyster farmer Perry Raso and nearby property owners, remanding the case back to the council for additional public hearings and consideration.
Raso, originally known for the now-closed Matunuck Oyster Bar, sought to expand his shellfish empire with a scallop farm in Potter Pond in South Kingstown. The expansion spawned public outcry by property residents who argued the shellfish beds would interfere with recreational boating, fishing and other activities within the cove. A five-year standoff ended in June 2023, when the coastal agency’s appointed panel approved a scaled-down version of Raso’s original proposal, cutting 40% of the acreage and banning floating cages. The council later signed off on further modifications submitted by Raso that changed the size, layout and position of the submerged scallop nets.
Two sets of property owners took their case to the judiciary, filing two separate lawsuits in Providence County Superior Court in September 2024, later consolidated into a single case. The property owners, through their attorneys, again argued the scallop beds interfered with their ability to enjoy the cove — a point Montalbano rejected in his order.
However, Montalbano, who is on track to become the court’s presiding justice, found credence in the plaintiffs’ arguments over process. Specifically, he said the council flouted its own rules by failing to fully explain the rationale for its decision, which contradicted the recommendation from a smaller subcommittee that gave a preliminary, and more comprehensive, review. The council also violated its procedures by failing to give public notice or opportunity for additional public input in the “substantial” revisions Raso submitted after the final vote.










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