Rhode Island homeowner secures preliminary injunction in beachfront property case

South Kingstown, Rhode Island; October 22, 2025: A beachfront property owner secured a major preliminary injunction today blocking Rhode Island officials from forcing unconstitutional conditions on basic home repairs. The court ruled the Coastal Resources Management Council violated David Welch’s constitutional rights by demanding he treat his private property as a public beach and allow warrantless government inspections at any time.

“This ruling makes it clear that the government cannot force you to surrender your constitutional rights just to repair your own home,” said Pacific Legal Foundation Senior Attorney J. David Breemer. “Today’s decision makes it clear that state regulators cannot bypass their earlier defeat by attaching unconstitutional permit conditions to home maintenance permits that families need.”

Welch owns a beachfront home in South Kingstown through Stilts, LLC. After a 2023 storm damaged his property’s shoreline protection, he sought a permit for essential repairs. The Rhode Island Coastal Resources Management Council approved the permit but attached sweeping conditions: Welch would have to grant the public unlimited access to the dry sand areas of his private property and allow government officials to inspect his property at any time without a warrant.

In granting the preliminary injunction, Judge Sarah Taft-Carter ruled these conditions violated established constitutional law and Supreme Court precedent. She also noted that the state’s attempt to use permit conditions to circumvent her ruling last year striking down Rhode Island’s beach seizure law was an offense to the judicial process.

The case is Stilts, LLC v. Rhode Island Coastal Resources Management Council. David Welch is represented by Pacific Legal Foundation and Adler Pollock & Sheehan P.C.