Prominent Newport Millionaires Battle in Federal Court Over Playhouse, Privacy and “Border Wall”
Thursday, June 16, 2022
Two prominent Newport millionaires are battling over real estate.
On one side of the proverbial hedgerow is Angus Davis — the tech entrepreneur who has started and sold multiple companies that total more than $1 billion.
On the other side of the dispute is yachting executive Donald Tofias.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTTofias owns Sparkman & Stephens — he bought the yacht design and brokerage firm in 2018.
Davis has taken the route of a tech entrepreneur. He has scored two well-publicized exits, selling two firms for hundreds of millions of dollars.
In 2013, GoLocal tagged Angus Davis as “one of the state's brightest young stars, [who] has made a name for himself in both the Rhode Island business and political scene over the course of a number of years now, and shows no sign of stopping.”
He was recognized for his launch of Swipely which later pivoted and became Upserve, where he won most every recognition in business from Forbes, Fortune, and beyond. Closer to home, GoLocal tapped Davis as RI's Man of the Year for 2014.
Fast forward to 2020, Upserve sold for $440 million.
This is Davis’ second major exit from a startup — he had already successfully built and exited Tellme Networks, which sold to Microsoft for a reported $800 million.
Battle Lines Drawn
Tofias and Davis, neighbors who live right off of Bellevue Avenue, are now in a legal battle in U.S. Federal District Court in Providence.
Davis lives in the mansion known as "Oakwood." The property is described as one of Newport's "most gracious estates designed by George Champlin Mason" with over "5 acres of extremely private gated grounds, beautiful gardens, fountains, formal interiors, grand rooms, modern amenities, chefs kitchen, pool, and tennis." The mansion was built by the Astor family.
Tofias, who lives adjacent to the property, has filed suit against Angus Davis and his wife Johanna — the five-count lawsuit centers on a dispute about a series of easements with lots of charges.
Tofias claims in his suit that Davis has “installed so-called ‘Playhouse’ that intrudes on to Tofias Property a point coincident with Easement C.”
In addition, Tofias claims that “Davis has also surreptitiously photographed and possibly taken videos of Tofias, and on information and belief, Tofias’s spouse and other invitees in areas of Tofias Property that are private and screened from public view.”
The five-count lawsuit includes claims that Davis has trespassed on Tofias’ property, has invaded Tofias’ privacy and has "unlawfully cut down trees on Tofias’ land."
"Border Wall" Spite Fence
Davis in a statement to GoLocal says the claims are false and a "border wall-style fence" is at the root of the conflict.
"Joanna and I have owned our Newport home since 2016. We feel very grateful to be active members of the Aquidneck Island community. We have invested a great deal of time and effort into improving our home, with the help of many talented local tradespeople. Several years ago, it became the first privately owned property in Rhode Island to be officially accredited as an arboretum under the 'ArbNet' program run by The Morton Arboretum with support from The Newport Tree Conservancy, organizations we are very proud to support," said Davis.
"Unfortunately, our neighbor [Tofias] recently erected a 12 to 20-foot tall 'border wall' using copper downspouts as a purported art installation along the property line. After we requested removal of this 'Spite Fence,' he responded by suing us, making several meritless claims. Joanna and I are represented by our attorneys at the local firm of Hinckley Allen, who will respond in due course," added Davis.
Tofias and his attorney declined to comment for the story.
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