Paper road lawsuit
your local Town Hall
Town Council candidates Pedro, Kesson, Staven, Gleason and Harding supported paper road giveaway that cost Portsmouth taxpayers $800,000.
Here is why R.I. Nurseries was entitled to damages under the road abandonment statute:
“§ 24-6-3 Damages payable to abutting landowners. – The owners of land abutting upon a highway or driftway in any town shall be entitled, upon the abandonment of the highway or driftway, either wholly or in part, to receive compensation from the town for the damages, if any, sustained by them by reason of the abandonment; and the town council, whenever it abandons the whole or any part of a public highway or driftway, shall at the same time appraise and award the damages.”
As we know, the 2011 town council abandoned Heidi Drive and awarded the abutter, R.I. Nurseries, zero damages.
Here is why R.I. Nurseries took the town to court under the abandonment statute (in addition to other claims including violation of due process):
“§ 24-6-4 Jury trial on damages. – Any person aggrieved by the order or decree of a town council awarding damages on the abandoning of a highway or driftway, or any part thereof, may within one year after the making of the award apply by petition to the superior court for the county in which the land lies, setting forth the action of the town council and praying for an assessment of his or her damages against the town by a jury. Upon the filing of the petition, the court shall cause twenty (20) days' notice of the pendency thereof to be given to the town treasurer of the town by serving him or her with a certified copy thereof, and may proceed after the notice to the trial thereof, and the trial shall determine all questions of fact relating to the damages sustained by the petitioner, and the amount thereof, and judgment shall be entered upon the verdict of the jury, and thereupon the petitioner shall be entitled to all the remedies conferred in and by §§ 45-15-6 and 45-15-7.”
If a person asks a city or town council to abandon a public road, and the council ignores the request or holds a hearing but chooses not to abandon the road, there is no right of action or remedy for that person who wanted the abandonment. It is nonsense for anyone to suggest that Tarsagian/Glen Ridge Farm could have sued the Town if the council did not abandon Heidi Drive.
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