Supreme Court of Rhode Island

Champlin’s Realty Associates v. Michael Tikoian; Town of N — Robinson, J., Concurring in Part and Dissenting…

February 18, 20102010 R.I. LEXIS 26

Summary

This separate opinion concurs in most of the court's decision, including the need to remand, the reversal of the finding that Paul Lemont was biased, and the preservation of quasi-judicial immunity, but dissents from upholding disqualifying bias against Michael Tikoian. It reasons that the evidence showed tentative, evolving efforts to achieve compromise rather than self-interest, fixed judgment, or an irrevocable loss of impartiality, and that the presumption of public-official integrity was not overcome. Williams, C.J. (ret.), concurring in part and dissenting in part, agrees that Tikoian was disqualified but would affirm the trial justice's reversal of the agency decision and, alternatively, would remand to the trial justice rather than the agency.