Dinis v. Lambert

INTRODUCTION

This case raises the issue of whether the City of Fall River is under a legal duty to remove fire escapes, exit stairs, landscaping, and decorative and retaining stone walls that extend from the Carr Osborn Condominium Complex onto June Street, a public way located in the City of Fall River (“City"). The fire escapes, exit stairs, landscaping, and decorative and retaining walls occupy, and are erected on, the east side of June Street reserved for its sidewalk. The plaintiffs maintain that these items constitute “obstructions” that the defendants are required, by virtue of certain…