Oakes v. City of Providence

Supreme Court of Rhode Island

Oakes v. City of Providence

433 A.2d 687, 1981 R.I. LEXIS 1362

CourtSupreme Court of Rhode Island

DecidedJuly 16, 1981

DocketNo. 81-350-A

StatusPublished

This text of 433 A.2d 687 (Oakes v. City of Providence) 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

Oakes v. City of Providence, 433 A.2d 687, 1981 R.I. LEXIS 1362 (R.I. 1981).

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Opinion

ORDER

This case came before the court on the City’s motion to stay a Superior Court order granting plaintiff’s prayer for the issuance of a writ of mandamus pending this appeal. Upon review of the record however, we find that no evidentiary hearing on the petition for mandamus was conducted below and therefore, we are unable to review the correctness of the trial judge’s ruling.

Accordingly, the defendant’s appeal is hereby sustained, the order granting the petition for writ of mandamus is vacated, and the case is remanded to the Superior Court in order that an evidentiary hearing may be conducted on the plaintiff’s complaint.

MURRAY, J., did not participate.

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ORDER

This case came before the court on the City’s motion to stay a Superior Court order granting plaintiff’s prayer for the issuance of a writ of mandamus pending this appeal. Upon review of the record however, we find that no evidentiary hearing on the petition for mandamus was conducted below and therefore, we are unable to review the correctness of the trial judge’s ruling.

Accordingly, the defendant’s appeal is hereby sustained, the order granting the petition for writ of mandamus is vacated, and the case is remanded to the Superior Court in order that an evidentiary hearing may be conducted on the plaintiff’s complaint.

MURRAY, J., did not participate.

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Bluebook (online)

433 A.2d 687, 1981 R.I. LEXIS 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakes-v-city-of-providence-ri-1981.