Supreme Court of Rhode Island June 15, 2004, 2002-531-M.P (Nickerson v. Reitsma)

OPINION

GOLDBERG, Justice.

This case came before the Supreme Court on May 12, 2004, pursuant to a petition for certiorari filed by the petitioner, the Rhode Island Department of Environmental Management (DEM or petitioner), seeMng review of a Superior Court judgment setting aside an administrative penalty assessed against respondents, David Nickerson, Michael Nickerson and Allen Nickerson