Baute v. Janaros

Supreme Court of Rhode Island

Baute v. Janaros

433 A.2d 680, 1981 R.I. LEXIS 1339

CourtSupreme Court of Rhode Island

DecidedJuly 2, 1981

DocketNo. 81-330-M.P.

StatusPublished

This text of 433 A.2d 680 (Baute v. Janaros) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baute v. Janaros, 433 A.2d 680, 1981 R.I. LEXIS 1339 (R.I. 1981).

Pincite

Opinion

ORDER

The petitioners here seek certiorari to review a Superior Court order denying their request for a preliminary injunction, and they further ask that we temporarily enjoin the issuance of a Fresh Water Wetlands permit pending action on this petition. However, upon review of the papers herein, we note that the parties in this case have stipulated that the Superior Court order denying injunctive relief is to be treated as a denial of relief on the merits. In view of this stipulation, the order entered below is final, and a final order of the Superior Court sitting in equity is appealable and thus not re viewable by certiorari.

Accordingly, the petition for certiorari and motion for injunctive relief are hereby denied without prejudice to petitioners’ renewing their request for injunctive relief in a proper appellate proceeding.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

The petitioners here seek certiorari to review a Superior Court order denying their request for a preliminary injunction, and they further ask that we temporarily enjoin the issuance of a Fresh Water Wetlands permit pending action on this petition. However, upon review of the papers herein, we note that the parties in this case have stipulated that the Superior Court order denying injunctive relief is to be treated as a denial of relief on the merits. In view of this stipulation, the order entered below is final, and a final order of the Superior Court sitting in equity is appealable and thus not re viewable by certiorari.

Accordingly, the petition for certiorari and motion for injunctive relief are hereby denied without prejudice to petitioners’ renewing their request for injunctive relief in a proper appellate proceeding.

Cite This Page — Counsel Stack

Bluebook (online)

433 A.2d 680, 1981 R.I. LEXIS 1339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baute-v-janaros-ri-1981.