RI District Court and Traffic Tribunal Case Law

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Department of Environmental Management v. Marilyn Sheldon, C.A. No. T15-0027 (February 3, 2016)

The Defendant appealed the trial magistrate’s decision sustaining the charged violation of Department of Environment and Management Fish and Wildlife Regulation §20-1-12 (feeding wildlife prohibited).  The Defendant was issued a ticket for feeding geese in an apartment complex common area and was identified through an eyewitness account and video evidence.  The Defendant argued on appeal that the summons was not properly served upon the Defendant.  Specifically, the Defendant argued the summons was never handed to her, but instead to her granddaughter, and that she never signed the summons as required by Rhode Island law.  The Panel found that there was no legal requirement for signing the summons. The Panel found that personal service was satisfactorily met here, where the Defendant physically refused to receive the summons and the officer handed the summons to her granddaughter, who had been standing next to the Defendant inside the Defendant’s apartment and who remained after the Defendant walked away.  See Rosen v. Rosen, 404 A.2d 472, 474 (R.I. 1979).  Therefore, the Panel found the summons was properly served on the Defendant and the appeal was denied.

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