NARRAGANSETT INDIAN TRIBE v. NARRAGANSETT ELEC. CO.

Nos. 95-1944, 95-1945.

89 F.3d 908 (1996)

NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND and Narragansett Indian Wetuomuck Housing Authority, Plaintiffs-Appellees, v. NARRAGANSETT ELECTRIC COMPANY, Defendant-Appellee. State of Rhode Island, Defendant-Appellant. NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND and Narragansett Indian Wetuomuck Housing Authority, Plaintiffs-Appellees, v. NARRAGANSETT ELECTRIC COMPANY, Defendant-Appellee. Town of Charlestown, Intervenor-Appellant.

United States Court of Appeals, First Circuit.

Decided July 22, 1996.


Attorney(s) appearing for the Case

Alan M. Shoer, Special Assistant Attorney General, with whom Jeffrey B. Pine, Attorney General, James E. Purcell, Partridge, Snow & Hahn, Providence, RI, Phillip M. Sloan, Solicitor, Town of Charlestown, and Bruce N. Goodsell, Assistant Town Solicitor, Westerly, RI, were on brief for appellants.

Randall L. Souza, with whom Fred A. Kelly, Jr., Peter V. Lacouture and Peabody & Brown, Providence, RI, were on brief for the Narragansett Electric Company.

John F. Killoy, Jr., with whom Law Office of H. Jefferson Melish, Wakefield, RI, was on brief for the Narragansett Indian Tribe of Rhode Island and the Narragansett Indian Wetuomuck Housing Authority.

Before TORRUELLA, Chief Judge, ROSENN, Senior Circuit Judge, and LYNCH, Circuit Judge.


TORRUELLA, Chief Judge.

Defendant-intervenors the town of Charlestown (the "Town") and the State of Rhode Island (together, the "State") seek a permanent injunction prohibiting plaintiffs the Narragansett Indian Tribe (the "Tribe") and the Narragansett Indian Wetuomuck Housing Authority (the "WHA") from constructing a housing complex without obtaining various permits and approvals pursuant to state law and local ordinances...

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