Three Rhode Island Tourism Icons in Legal Battles
Wednesday, June 03, 2015
Three Rhode Island tourism icons are facing legal battles as the summer of 2015 gets underway -- the Ocean Mist in Wakefield, and in Newport, Touro Synagogue -- and the Breakers Mansion.
Ocean Mist vs South Kingstown
The popular oceanfront bar has been fighting a battle to stave off construction of a new seawall in Matunuck for years now, and the war of attrition continues.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTAn online petition to "Save the Ocean Mist" had garnered over 5,300 signatures in an effort to drum up support to draw people to a Coastal Resources Management Council hearing in June of last year, but the CRMC voted in favor of the town -- and the construction of a new seawall -- by a vote of 5-4
"The Town of South Kingstown wants to build a seawall which will be built along the road, at the cost of the tax payers for several million dollars. Our position is that it will destroy the beach, it will destroy the Ocean Mist and will not protect the road, the water main or the people of Matunuck," wrote the petitioners. "Not only will their proposed wall not protect anything, the act of drilling the sheet piles for it will most likely damage the Ocean Mist irreparably."
In light of the recent legal developments, the town of South Kingstown is moving forward -- but not without a challenge from the Ocean Mist owner Kevin Finnegan -- and lawyer Bill Landry.
"The Town anticipates that its construction contractor will mobilize soon after Labor Day 2015 and work throughout the winter season, with an anticipation project completion on or about Memorial Day 2016," said South Kingstown Town Manager Stephen Alfred. "Mr. Finnegan has outstanding a count for “Negligence, Trespass and Nuisance” which in essence claims that the town’s course of action in building the sea wall violates a “duty of care” that property owners owe to each other not to inflict substantial damage to the other’s property. He claims that our building of the sea wall threatens Ocean Mist with immediate and irreparable harm to his property."
"This count has not been pressed by Mr. Finnegan in court to this point. The town owes a duty of care to the 240 homeowners who are at risk if the road fails along with the 1660 customers who depend upon public water service (via Matunuck Beach Road) for both fire suppression and domestic use," continued Alfred. "The town must address the threat of immediate harm to these homeowners in the event of a failure of the road from a hurricane or other serious weather event. Furthermore, the town has offered to provide the Ocean Mist with pre construction safeguards that have been rejected by Mr. Finnegan."
Finnegan's lawyer Bill Landry countered the assessment of the situation.
"Yes, there is a separate Superior court case pending directly against the Town based on the Ocean Mist’s right not to have an adjoining landowner (i.e.the Town) construct a device that will direct storm surges at its building and cause it to destabilize. The fact that the case is pending does not automatically mean that the construction of the wall is prohibited until the case is resolved. That is a determination the Superior court will have to make over the next couple of months," said Landry. "While it is hazardous to predict outcomes in any particular case, I can tell you that the Rhode island Courts have consistently held that it is unlawful for an adjoining landowner to erect devices that alter natural stormwater patterns and that direct the stormwater to his or her neighbor’s property to the neighbor’s detriment.
"Bathroomgate at the Breakers"
Nonprofit Quarterly has dubbed it "Bathroomgate at the Breakers" -- the brouhaha over the Welcome Center at the "grandest of Newport's summer cottages" between the Vanderbilt Family and the Preservation Society of Newport has reached international proportions (see: The Guardian).
Built as the summer home of Cornelius Vanderbilt II between 1893 and 1895, the 70 room mansion was sold to the Preservation Society in 1972 with certain stipulations -- and now the Vanderbilt heirs are challenging the Society's plans to build a visitor center.
In January, the Newport Zoning Board announced a 4 to 1 decision to approve permission to "modify an existing special use permit by constructing a single-story, 3,650 sq. ft. “Welcome Center” structure applying to the property located at 44 Ochre Point Ave., TAP 36, Lot 59, (R-60 zone).”
Nonprofit Quarterly's Ruth McCambridge outlined the battle than ensued.
"Twenty-one members of the Vanderbilt family, including Gloria Vanderbilt, recently delivered a letter to the Society voicing objections to the center (among other things)," wrote McCambridge. "They say that they will withhold their support in the form of money or family objects while it remains under “the current leadership climate."
However, the Preservation Society board Chair Donald Ross fired back.
"In the Ross seven-page response to the letter from the Vanderbilts, he makes the point that of the 21 signatories, only eight have donated money in the last two decades and, for that matter, in the last five years, they have donated a grand total of only $4,000," continued McCambridge. "It is endlessly interesting to watch how culture intrudes into the management of many nonprofits. Understanding the habits and artifacts of your own culture can be very helpful in managing the issues that emerge from it."
Whether further legal wrangling ensue or not, the Preservation Society of Newport made the recent announcement that to celebrate their 70th year, Newport residents will receive free admission to a number of atrtactions throughout all of 2015.
Synagogue in Court
The oldest synagogue in the country is involved in a very current legal battle. And like the Breakers, it has garnered national -- and international -- attention, from the HuffingtonPost to the Times of Israel.
GoLocal's WhatsUpNewp wrote, "After more than 350 years, there’s a battle heading to U.S. District court as to who is in control of the synagogue, its belongings and its future. The answer to “who is in control?” may not come for several weeks."
According to sources involved, Congregation Shearith Israel – The Spanish And Portuguese Synagogue and Touro Synagogue will meet in court over who owns 2 sets of bells that the Newport congregation had agreed to sell to Museum Of Fine Arts in Boston for more than $7 million back in 2011. Both parties believe they are the owners of the bells, as well as responsible for the Touro Synagogue.
Each year, over 30,000 visitors cross the synagogue threshold in Newport, R.I. to pray, to see its magnificent interior and to hear its remarkable story.
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