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Licht v. Quattrocchi

Richard A. LICHT Et Al. v. Rocco QUATTROCCHI Et Al.

Licht v. Quattrocchi, 449 A.2d 887 (R.I. 1982)
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Court
Supreme Court of Rhode Island · State Highest Courts
Decided
July 7, 1982
Docket
No. 82-259-Appeal
Judges
Bevilacqua
Citations
449 A.2d 8871982 R.I. LEXIS 1065

Opinion

ORDER This case came before us on July 6, 1982, for hearing on the merits of an appeal from a judgment entered in the Superior Court.

After considering the arguments of counsel and the briefs filed by all parties, including briefs of amici curiae, the following order shall enter:

(1) The judgment of the Superior Court is hereby affirmed.

(2) The state need not achieve mathematical perfection in reapportionment, and a maximum deviation of 2.5% above and below the ideal population in a senatorial district may be constitutionally acceptable. However, in this case it was found beyond a reasonable doubt by the trial justice that the deviation was utilized in order to negate the effects of reapportionment by retaining unwarranted senatorial representation control in the cities of Providence and Pawtucket. Consequently, while a justification for such deviation would not be required to be proven by the proponents of the plan under White v. Regester, 412 U.S. 755 [ 93 S.Ct. 2332 , 37 L.Ed.2d 314 ] (1973) and Gaffney v. Cummings, 412 U.S. 735 [ 93 S.Ct. 2321 , 37 L.Ed.2d 298 ] (1973), an affirmative showing by those challenging the plan that the purpose and result of such deviation was to nullify the effects of reapportionment sets forth an ample basis for a finding that there has been a violation of the “one person-one vote” principle.

(3) The reapportionment plan enacted by the General Assembly, P.L.1982, ch. 20, violates the requirement of compactness contained in Article XIX of the amendments to the Constitution of Rhode Island pursuant to the findings of the trial justice that the redistricting of senatorial districts in the city of Providence unnecessarily and improperly crossed natural boundaries and violated the principle of contiguity for impermissible purposes.

(4) The transfer of a substantial number of black voters from their former East Side district to a noncontiguous district largely populated by persons in the city of Pawtucket had the effect of diluting and reducing the effectiveness of the votes of such black voters and constituted, under the totality of circumstances, invidious discrimination against a cognizable racial group.

White v. Regester, supra.

(5) The judgment of the Superior Court dealt solely with the Senate redistricting plan. Our order relates solely to such plan.

An opinion will follow setting forth in detail the reasons for this order.

BEVILACQUA, C. J., did not participate.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1982: 11983: 11984: 11994: 12003: 12004: 12006: 119822026peak 1982 · 1

Relies on it most ⓘ

  1. Parella v. Montalbano899 A.2d 1226 (R.I. 2006)
  2. Farnum v. Burns561 F. Supp. 83 (D.R.I. 1983)
  3. Holmes v. Farmer475 A.2d 976 (R.I. 1984)
  4. Rodriguez v. Pataki308 F. Supp. 2d 346 (S.D.N.Y. 2004)
  5. Parella v. Irons, 02-4578 (2003)No. 02-4578 (Sup. Ct. R.I. Oct. 8, 2003)
  6. Marylanders for Fair Representation, Inc. v. Schaefer849 F. Supp. 1022 (D. Maryland 1994)

Most recent

  1. Parella v. Montalbano899 A.2d 1226 (R.I. 2006)
  2. Rodriguez v. Pataki308 F. Supp. 2d 346 (S.D.N.Y. 2004)
  3. Parella v. Irons, 02-4578 (2003)No. 02-4578 (Sup. Ct. R.I. Oct. 8, 2003)
  4. Marylanders for Fair Representation, Inc. v. Schaefer849 F. Supp. 1022 (D. Maryland 1994)
  5. Holmes v. Farmer475 A.2d 976 (R.I. 1984)
  6. Farnum v. Burns561 F. Supp. 83 (D.R.I. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
White v. Regester, 412 U.S. 755 (1973) 543
Gaffney v. Cummings, 412 U.S. 735 (1973) 359

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