electrical bike RIDOT nonetheless combating decide’s determination that it constructed bike path on land it didn’t personal – Information – providencejournal.com
The state Division of Transportation is interesting a decide’s ruling that it should compensate a Windfall building firm for constructing a part of the Blackstone River Bikeway on firm land.
Greater than a 12 months in the past Superior Courtroom Choose Michael Silverstein dominated in favor of H.V. Collins, which sued the state over a brand new part of the bike path alongside the Seekonk River proper behind the corporate’s Gano Avenue places of work.
Collins, which isn’t asking for the bike path to be eliminated, plans to construct an condo constructing subsequent to it on Gano Avenue.
However because the ruling, the state has fought to dam the court docket from setting compensation with a sequence of unsuccessful motions, the most recent of which had been denied final week.
Within the meantime, the state in Might requested the state Supreme Courtroom to intervene even earlier than the Superior Courtroom trial is over.
The background of the case stretches again to 1847, when the state Supreme Courtroom divided tons on the waterfront, together with making a proper of method known as Seaside Avenue partly within the river itself.
Flash ahead to 2015, and the state took riverfront behind Collins’ workplace from town of Windfall, which it paid $1.
Collins — represented by former state Supreme Courtroom Justice and Republican U.S. Senate candidate Robert Flanders — sued, claiming the corporate had owned the land since 1950.
The state argues that although Seaside Avenue was by no means constructed nor utilized by the general public, town owned the land below the 1847 proper of method.
And although Collins crammed in a lot of what’s now above water, the state’s legal professionals say there isn’t any proof the state was conscious of this and “acquiesced” to it.
“…a discovering in absence of proof demonstrating the state’s data or consciousness is at odds with the bedrock rules of actual property legislation,” the state’s legal professionals wrote to the Supreme Courtroom. “It could additionally cripple the state’s means to guard the lands it holds in belief for the general public and encourage the furtive annexation of this state’s important sources.”
In his response, Flanders accuses the state of bullying his shopper with delay techniques to drive up prices.
“The State’s conduct has been suspect because the occasions that begat the litigation,” he wrote in response. “And throughout the litigation, after the State misplaced at abstract judgment on legal responsibility, it has filed spherical after spherical of motions that it may have and may have introduced years earlier.
“It’s ironic that if the State had merely litigated the problem of simply compensation after it misplaced at partial abstract judgment, this case would most probably already be at last judgment and it could be ripe for attraction.”
The Division of Transportation is represented by in-house legal professionals and attorneys from agency Adler Pollock & Sheehan. State authorized bills within the case weren’t instantly out there.
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