Building this Home was a $1.8 Million Mistake

A Rhode Island Supreme Court is ordering that a $1.8 million house on the waterfront of parkland in Narragansett be removed because it was mistakenly built illegally.

Robert Lamoureux, owner of Four Twenty Corp, says that the company was unaware that the property was owned by the Rose Nulman Park Foundation until a prospective buyer got a survey. The developer tried to purchase the land but the trustee made it clear that the land was not for sale because the foundation was established to preserve the property as a park in perpetuity. According to a 2008 agreement, the trustee must pay $1.5 million to the New York Presbyterian Hospital if the location is allowed to be used for anything other than a public park.

Though the justices were sympathetic to the developer who began construction in 2009, they found that it would be an “unjust result” to order a land transfer title of the property or to award money damages as compensation to the original owners of the land (the Rose Nulman Park Foundation). “Any attempt to build on even a portion of the property would constitute an irreparable injury, not only to the plaintiff but to the public,” wrote the court despite Lamoureux’s lawyers attempts to persuade the justices that there are alternative means of remediation without resulting in removal of the home. The court is yet to determine how much time the developer will be granted to move the home which contributes to existing tensions. Mark Freel, the lawyer for the Rose Nulman Park Foundation said “my client has wanted for a long time for the house to be removed,” the discovery of the mishap was in 2011, “my client’s very clear and firm position is that it’s time for the house to go.”

Confusion arose when Lamoureux purchased land on Ocean Road in 1984 and had ERA Engineering subdivide the lot into two parcels three years later. Transferring three acres of that land located at 1444 Ocean Road to Four Twenty Corp., he later trusted Carrigan Engineering to provide survey and plans for the home and began construction.

No plans have been publicized for this stunning three-storey home, which features aquatic views from Newport to Watch Hill from a rooftop cabana and jacuzzi with a wet bar. Carol B. and Joel S. Nulman, the trustees of the foundation will likely, not be enjoying the views from this home.

In Ontario provincial law, it is illegal for a builder to participate in any sort of sale, agreement of purchase or construction if they are not registered with Tarion. Negatively affecting the housing market as well as the construction industry, additional damages can affect purchasers because these homes may not even meet Ontario standards. Illegal construction of homes is actively being combated by Tarion and the Ontario Home Builder’s Association.