Rose Nulman Park Found. v. Four Twenty Corp.

Plaintiff, Rose Nulman Park Foundation, owned real property that was used as a park. In 2011, Defendants, Robert Lamoureux and Four Twenty Corporation, completed construction on a $1.8 million home. A prospective buyer of the home had a survey conducted which revealed that the building was entirely located on Plaintiff’s property. Plaintiff filed suit against Defendants, asserting that the structure constituted a continuing trespass on the property and requesting a mandatory injunction ordering Defendants to remove the structure. The trial justice concluded that a 13,000 square foot intrusion, amounting to six percent of the Nulman property, was not a de minimus encroachment and, accordingly, ordered Defendants to remove the structure. The Supreme Court affirmed after concluding that it would be unjust to order the transfer of title to a portion of the Nulman property to Defendants or to award only money damages, holding that injunctive relief was the appropriate remedy in this case. View "Rose Nulman Park Found. v. Four Twenty Corp." on Justia Law