Gloria Nerney v. Town of Smithfield

Summary

The Rhode Island Supreme Court affirmed the dismissal of Gloria Nerney’s amended complaint seeking a writ of mandamus directing the Town of Smithfield to remove trees and plants allegedly planted on municipal property without approval. The Court held that the Town’s decision regarding enforcement of its ordinances and permit conditions involved discretionary, rather than ministerial, functions, so mandamus was unavailable. The Court also noted that Nerney could pursue other potentially available remedies.

Holdings

1. Mandamus does not lie because the decision how to address the trees and plants and how to enforce the Town's ordinances and permits rests within the Town's discretionary authority, not a ministerial duty.
2. The Superior Court properly dismissed the amended complaint because, even accepting its allegations as true and viewing the facts favorably to Nerney, the requested mandamus relief was unavailable.

Questions Presented

1. Whether the amended complaint sought a writ of mandamus requiring the Town to remove trees and plants from a municipally owned right of way.
2. Whether the Town had a ministerial duty, rather than discretionary authority, to remove the trees and plants or enforce the terms of the permit issued to the neighboring landowners.
3. Whether the Superior Court properly granted the Town's Rule 12(b)(6) motion to dismiss.

Disposition

affirmed