McKenna v. Williams

874 A.2d 1292 (R.I. 2005) · Supreme Court of Rhode Island · May 13, 2005

Summary

The Rhode Island Supreme Court granted a petition for writ of certiorari and stayed proceedings in a Superior Court action challenging the Chief Justice’s continued occupancy of office. The Court identified standing and subject-matter jurisdiction as potentially dispositive issues, noting the relationship between declaratory relief and quo warranto proceedings. The parties were ordered to file memoranda and appear to show cause why the petition should not be summarily decided.

Holdings

  1. The Supreme Court granted the petition for a writ of certiorari and stayed all Superior Court proceedings pending further order because the plaintiff's standing and the Superior Court's subject matter jurisdiction presented potentially dispositive threshold issues.
  2. The Court treated the plaintiff's challenge to the Chief Justice's right to hold office as potentially, and in substance, a petition in the nature of quo warranto, requiring consideration of the statutory limits on who may bring such an action and which court has original jurisdiction.

Questions Presented

  1. Whether the Supreme Court should grant the defendants' petition for a writ of certiorari to review the Superior Court's refusal to halt the proceedings.
  2. Whether the Superior Court proceedings should be stayed pending resolution of potentially dispositive issues concerning standing, justiciability, and subject matter jurisdiction.
  3. Whether the plaintiff's challenge to an individual's right to hold the office of Chief Justice was in substance an action in the nature of quo warranto.

Disposition

writ_granted

Cases Cited (3)

  • Meyer v. City of Newport, 844 A.2d 148, 151 (R.I. 2004)(followed)
  • Whitehouse v. Moran, 808 A.2d 626, 628 (R.I. 2002)(followed)
  • Fargnoli v. Cianci, 121 R.I. 153, 397 A.2d 68 (1979)(followed)

Cited In (0)

No citing cases on record yet.

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