Rose Nulman Park Foundation v. Four Twenty Corp.
Rhode Island Supreme Court
93 A.3d 25 (2014)
- Written by Salina Kennedy, JD
Facts
The Rose Nulman Park Foundation (the foundation) (plaintiff) owned a 4.5-acre parcel of land on the Rhode Island coast. The land, which was known for its beauty, was dedicated for use as a public park (the park). A settlement agreement governing the management of the park provided that, if the park were used for any purpose other than as a free public park, Carol Nulman and Joel Nulman, the trustees of the foundation, would be jointly and severally obligated to donate $1.5 million to charity. Four Twenty Corporation (Four Twenty) (defendant) bought land adjoining the park, intending to build a home on the land. Instead, Four Twenty mistakenly built the 13,000-square-foot home in the park. The foundation sued for continuing trespass and asked for a mandatory injunction requiring Four Twenty to move the home. At trial, Four Twenty argued that the injunction should not be granted because, among other things, it had relied on expert engineers to choose the location for the home and had obtained all the appropriate permits, and it would cost between $300,000 and $400,000 to move the home. The trial court found for the foundation and ordered Four Twenty to move the house within 180 days. Four Twenty appealed to the Rhode Island Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Indeglia, J.)
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