PROVIDENCE, R.I. (AP) — A developer who mistakenly built a $1.8 million waterfront house on parkland has been ordered to remove it.
The Rhode Island Supreme Court found that the unoccupied home in Narragansett was built entirely on land owned by the Rose Nulman Park Foundation, and therefore must be removed.
The developer, Four Twenty Corp., began building the home in 2009, but it didn’t discover the error until 2011 when it tried to sell the house and the prospective buyers got a survey. Robert Lamoureux, who owns the company, then contacted one of the park’s trustees to try to work something out, but she told him the land was not for sale, according to Friday’s opinion.
The foundation was set up to preserve the property as a park in perpetuity. A 2008 agreement among the family members says that if the trustees allow the land to be used as anything other than a public park, they must pay $1.5 million to New York Presbyterian Hospital.
The developer argued it should not be penalized for an innocent surveying mistake. The court said it was sympathetic, but it said the park’s property rights outweighed that. It also said it was in the public’s interest to keep the land as a park.
“Any attempt to build on even a portion of the property would constitute an irreparable injury, not only to plaintiff but to the public,” it wrote.
Messages left with the developer’s lawyer were not immediately returned.
A judge will decide how much time the developer has to remove the house.
A lawyer for the foundation, Mark Freel, says the developer has secured most of the permits he needs to move it to the neighboring land, but that the fate of one critical permit is still up in the air. The timing of that could affect whether the house has to be torn down.
“My client has wanted for a long time for the house to be removed,” he said. “My client’s very clear and firm position is that it’s time for the house to go.”
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This Week’s Celebrity Instagrams (6/18-6/24)
25 photos Launch gallery
1. Me & the homie @jaleelwhite #RujohnFoundation Happy to be in Jamaica! Good times
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5. Good Morning. Early day in Detroit! Making press rounds for @thebossnetwork's Ladies That Lead Tour. Thank you @traycemadre and @colourbynumbr for my glam.
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6. POWER the best show on TV @djenvy, Queens we so big out here. #EFFENVODKA #FRIGO
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7. They said u lost a step, wasn't explosive as once was, the best days was in the real view, questioned your drive, your leadership, your commitment, you don't have killer instinct, going back home is the worst mistake in your career, he got the coach fired, players traded, won't work between him and Kyrie, Him and Kev won't work, love your teammates to much, there's no way he can deliver a championship in his hometown, etc etc etc.... But guess what THATS NONE OF MY BUSINESS #StriveForGreatness #ThisOneIsForTheLand #PutSomeRespeckOnMyName Hahahaha!!! Yes sir
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8. Oooooh weeee this man right here is responsible for at least three of our four babies!! #JOE ❤❤❤🎤 #rnb #king #voicelikebutter #ForPeetesSake
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9. Hanging with my @abcnetwork family! @abcunclebuck tonite y'all check us out ! @anthonyanderson @traceeellisross
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10. My broski ( @sayeedshahidi ) and I are on Top 5 Live on @go90 at 5 (which is super duper close)! Make sure to tune in :) #UncleBuck #Blackish
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11. Lights out💤 #GoodNight
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12. Late nights mornings
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13. Ran into the lovely talented @siedahgarrett on this brutiful favvuz deh!
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14. #halal #love #thedargans #kattwilliamsSHOW #mashallah when that Jennah piece HIT!! @sweetjennahcollection glasses by @baddieglamaccessories LIZ 😍 @dynamiteko top @dazzledmv and jeans @thevision414 and shoes: @louboutinworld
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15. Big Hair and Optical Illusions #OceanDrive #MiamiLiving #coverparty
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16. MAMA and THE SAVAGES ... ⚓️ #supportyourlocalgirlgang
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17. From the bottom of my ❤️, thank you new followers & old! & hello fellow night owls! #grateful #racheltrue #naturalhair #curlyhair #curlygirl #healthyhair
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18. I feel so grateful because I met these amazing young minds, visiting from Houston TX, during their college tour stop today at #usc.These students are ALL extraordinary and embody academic excellence so I'm humbled to have shared a few moments with them to applaud and celebrate their bright futures ahead! Thank you @EmergeFellows for inviting me to speak and blessing me with your love and attention this afternoon!
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19. Happy Fathers Day Pops. U taught me how to be a man. Lessons of love, hard work & gratefulness. Sorry the fishing didn't stick. LOL. I Love U!
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20. Sky Zone and Ice Cream! Best Fathers Day Ever!! Photo credit @mariahcarey
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21. Look what finally came in the mail 😎 #mtvmovieawards2016 💥+🌽! #straightouttacompton
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22. Claudia Jordan: ....
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23. 'Member that time I almost knocked a bajillion dollar camera off the car? Really? Yeah, me neither! #Greenleaf Episode 2 comin atcha!
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24. Full of love. #birthday #Cabo
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