Legal Opinion

Gardner v. Cumberland Town Council

Supreme Court of Rhode Island

Decided June 30, 2003No. 2001-290-M.PPublished

1Opinion of the Court

826 A.2d 972 (2003)

William GARDNER, et al.

v.

CUMBERLAND TOWN COUNCIL et al.

No. 2001-290-M.P.

Supreme Court of Rhode Island.

June 30, 2003.

Thomas Hefner, Esq., Scott Partington, Esq., Richard Kirby, Esq., Cumberland, for Plaintiff.

Mortimer Newton, Esq., for Defendant.

Present: WILLIAMS, C.J., and FLANDERS, and GOLDBERG, JJ.

OPINION

FLANDERS, Justice.

Abandoned, unnamed, and existing only on paper, a town street—surrounded by abutting property owners—awaits its fate on this petition for certiorari. But do we have jurisdiction to review the merits of a town council's decision to abandon the street?…

Also in this document: Dissent.

2Cases cited23 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. Zeilstra v. Barrington Zoning Board of ReviewSupreme Court of Rhode Island · 1980
  3. Taub v. PirnieNew York Court of Appeals · 1957
  4. Smithfield Concerned Citizens for Fair Zoning v. The Town of Smithfield, Etc.Court of Appeals for the First Circuit · 1990
  5. O'REILLY v. Town of GlocesterSupreme Court of Rhode Island · 1993

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