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GARDNER v. CUMBERLAND TOWN COUNCIL

No. 2001-290-M.P.

826 A.2d 972 (2003)

William GARDNER, et al. v. CUMBERLAND TOWN COUNCIL et al.

Supreme Court of Rhode Island.

June 30, 2003.

Attorney(s) appearing for the Case

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? Because such an act is legislative in nature, we answer this question in the negative. We also reject various procedural...

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