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Introduction to Basic Legal Citation - access-to-law home

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municipal ordinances; however, a <strong>to</strong>wn council has discretion <strong>to</strong> impose requirements<br />

additional <strong>to</strong> an ordinance when provided for in the ordinance itself.<br />

. . . .<br />

We think that this case does not warrant excepting petitioners from the ordinary requirement<br />

that they make at least one meaningful application <strong>to</strong> a state agency before seeking a remedy<br />

in the courts by pleading futility. First, the council was presented with evidence that DEM<br />

might not be so quick <strong>to</strong> deny petitioners' application. In addition, petitioners' self-serving<br />

conclusion that traversing designated wetlands would present as grave a danger as their<br />

proposed pump station route is ultimately only meaningless speculation since DEM is the<br />

agency vested with the exclusive power <strong>to</strong> make precisely this determination. See generally<br />

G.L. 1956 §§ 2-1-18 through 2-1-24. Furthermore, while DEM's regulations may require it <strong>to</strong><br />

deny a particular tie-in route if an alternate is available which does not traverse a designated<br />

area, see Rules and Regulations Governing the Administration and Enforcement of the<br />

Freshwater Wetlands Act, Department of Environmental Management, 12 Code R.I. Reg.<br />

190-25-9.05(E)(2)(b) (2001), it is unclear what DEM would do if the pump station route is no<br />

longer available due <strong>to</strong> the council's denial of petitioners' application.<br />

. . . .<br />

R.I. Sup. Ct. R. 16(j),<br />

http://www.courts.ri.gov/Courts/SupremeCourt/Supreme%20Court%20Rules/Su<br />

preme-Rules-Article1.pdf.<br />

(j) Unpublished orders. Unpublished orders will not be cited by the Court in its opinions and<br />

such orders will not be cited by counsel in their briefs. Unpublished orders shall have no<br />

precedential effect.<br />

South Carolina: Supreme Court citation practice | <strong>Citation</strong> rule(s)<br />

< | ><br />

228<br />

Contents | Index | Help |<br />

Examples from Johnson v. Collins Entm't Co., 349 S.C. 613, 564 S.E.2d 653<br />

(2002)<br />

. . . .<br />

The defendants argue plaintiffs cannot rely on S.C. Code Ann. § 12-21-2804(B) as a<br />

"predicate act" for their RICO claim because in Video Gaming Consultants, Inc. v. South<br />

Carolina Dep't of Revenue, 342 S.C. 34, 535 S.E.2d 642 (2000), this Court declared all of<br />

section 12-21-2804(B) unconstitutional. We disagree. In Video Gaming, we limited our<br />

holding <strong>to</strong> the first clause of section 12-21-2804(B).<br />

. . . .

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