uniform rule in Rhode Island

1987This court noted that in Rhode Island Ophthalmological Society v. Cannon, 113 R.I. 16 , 317 A.2d 124 (1974), we adopted the uniform test for all parties whose standing is challenged in any matter; that is, we look to “whether the person whose standing is challenged has alleged an injury in fact resulting from the challenged statute.

1987This court noted that in Rhode Island Ophthalmological Society v. Cannon, 113 R.I. 16 , 317 A.2d 124 (1974), we adopted the uniform test for all parties whose standing is challenged in any matter; that is, we look to “whether the person whose standing is challenged has alleged an injury in fact resulting from the challenged statute.

1987If he has, he satisfies the requirement of standing.” Matunuck Beach Hotel, Inc., 121 R.I. at 394 , 399 A.2d at 493 (quoting Rhode Island Ophthalmological Society, 113 R.I. at 26 , 317 A.2d at 129 ).

1987If he has, he satisfies the requirement of standing.” Matunuck Beach Hotel, Inc., 121 R.I. at 394 , 399 A.2d at 493 (quoting Rhode Island Ophthalmological Society, 113 R.I. at 26 , 317 A.2d at 129 ).

1908The first is an entire lack of legislative authority to enact' building regulations, inasmuch as the statute above cited clearly does not confer such authority; and the second is the practically unlimited power assumed by the town council in this ordinance, such as was thus characterized in State v. Tenant, 110 N. C. 609 , p. 612: “It is equally clear, that if an ordinance is passed by a municipal corporation, which, upon its face, restricts the right of dominion which the individual might otherwise exercise without question, not according to any general or uniform rule, but so as to make the

1908The first is an entire lack of legislative authority to enact' building regulations, inasmuch as the statute above cited clearly does not confer such authority; and the second is the practically unlimited power assumed by the town council in this ordinance, such as was thus characterized in State v. Tenant, 110 N. C. 609 , p. 612: “It is equally clear, that if an ordinance is passed by a municipal corporation, which, upon its face, restricts the right of dominion which the individual might otherwise exercise without question, not according to any general or uniform rule, but so as to make the

1884J., in Downe v. Stimpson, 2 Mass. 441, 444 , “ that when a statute gives a remedy under particular circumstances, the party seeking this remedy should in his plaint or information allege all the facts necessary to bring him within the statute.” The counsel for the plaintiff has expressed the wish that even if we find that the declaration is defective in not alleging the institution of a criminal prosecution, we will nevertheless decide whether, the defect being removed, the action will lie.

1884Turnpike, 4 Pick. 341 , 345; Inhabitants of Bath v. Inhabitants of Freeport, 5 Mass. 325 ; Brown v. Adams, 1 Stew. 51 ; Greer v. Bumpass, Mart. & Y. 94; Bayard v. Smith, 17 Wend. 88 . “ It is a uniform rule of law,” said Parsons, C.

1884Turnpike, 4 Pick. 341 , 345; Inhabitants of Bath v. Inhabitants of Freeport, 5 Mass. 325 ; Brown v. Adams, 1 Stew. 51 ; Greer v. Bumpass, Mart. & Y. 94; Bayard v. Smith, 17 Wend. 88 . “ It is a uniform rule of law,” said Parsons, C.

1884Turnpike, 4 Pick. 341 , 345; Inhabitants of Bath v. Inhabitants of Freeport, 5 Mass. 325 ; Brown v. Adams, 1 Stew. 51 ; Greer v. Bumpass, Mart. & Y. 94; Bayard v. Smith, 17 Wend. 88 . “ It is a uniform rule of law,” said Parsons, C.

1867In the case of Larrabee v. Talbot, 5 Gill, 426 , the Court, quoting fully from the opinion of Judge Story in exparte fflames, decide that the bankrupt law of ’41 í'did not suspend the operation of the State insolvent laws until-the day it went into effect.”.....