Birchwood Realty, Inc. v. Grant

OPINION

SHEA, Justice.

This case comes before this court pursuant to our granting of a petition for a writ of certiorari. The petitioner, Birchwood Realty, Inc. (Birchwood) is seeking relief from a Superior Court order remanding its application for a license to construct a landfill to the Department of Environmental Management (DEM) for additional eviden-tiary hearings.

Birchwood’s primary argument is that the Superior Court has violated our ruling in Newbay Gory. v. Annarummo, 587 A.2d 63 (R.I.1991), by not issuing a writ of mandamus to DEM ordering DEM to grant Birchwood a license that would…