Borelli v. Conklin Limestone Co.
Docket: No. 90-16-M.P
Court: Supreme Court of Rhode Island; February 7, 1990; Rhode Island; State Supreme Court
A common-law writ of certiorari has been issued to review a District Court order that enjoined Conklin Limestone Co. Inc. from evicting Victor Borelli from a residence in Lincoln. This case follows a previous matter involving Anthony Borelli, where an appeal regarding a defective notice to quit was rejected. On January 10, 1990, the Superior Court granted a writ of possession for the premises occupied by Anthony and Victor Borelli. A District Court judge later issued a restraining order against enforcing this writ. Although the District Court has equitable powers over housing and domestic assault issues as per G.L.1956 (1985 Reenactment) and chapter 8.1 of title 8, it lacks the subject-matter jurisdiction to review executions from the Superior Court. Therefore, Conklin’s petition for certiorari is granted, the District Court's order is quashed, and the enforcement of the writ of possession may proceed.