Nerney v. Town of Smithfield
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The Supreme Court affirmed the judgment of the superior court dismissing Plaintiff's amended complaint in which she sought a writ of mandamus ordering the Town of Smithfield to remove several trees and plants that were planted on the Town's property by neighboring landowners, holding that there was no error.
Plaintiff filed this complaint seeking an order directing the Town to remove all of the trees and plants that a Town resident had planted on the Town's property and without the Town's approval. The superior court dismissed the complaint, concluding that the Town did not have a ministerial duty to remove the trees and plants. The Supreme Court affirmed, holding that mandamus did not lie in this case.
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