John D. Majeika v. State of Rhode Island

Syllabus

The plaintiffs, John D. and Rose Marie Majeika (the Majeikas) appealed from the Superior Court's dismissal of their action in favor of the defendants, the State of Rhode Island, James A. Diossa, in his capacity as Treasurer of the State of Rhode Island, and Terrence Gray, in his capacity as the Director of the Department of Environmental Management. This appeal arose from the Majeikas' 2007 application for the construction of an onsite wastewater treatment system (OWTS) on their undeveloped property in Westerly, Rhode Island. The Rhode Island Department of Environmental Management denied the proposed OWTS on the basis that the groundwater table on the Majeikas' property was less than twelve inches. The Supreme Court held that the Majeikas failed to establish a continuing violation and that the statute of limitations had not been tolled. The Court determined that the Majeikas lacked standing to assert a facial challenge to the OWTS regulation. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.