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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State Water Resources Board v. Howard, 729 A.2d 712 (1999)

Citation
State Water Resources Board v. Howard, 729 A.2d 712 (1999)
Parent Document
State Water Resources Board v. Howard, 729 A.2d 712 (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-05-27

Full Text

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The controversy giving rise to this litigation began when the State Water Resources Board (state), in its capacity as a landlord, brought eleven separate eviction actions against the defendants (tenants).1 The properties in dispute are located in the Big River Management Area in West Greenwich, Rhode Island. Some thirty years ago, the state acquired the land by eminent domain for purposes of developing the Big River Reservoir. In 1982, the state leased residential properties situated on this land to various tenants on a month-to-month basis at rents ranging from $80 to $200 per month. Under the leases, tenants were responsible for all necessary repairs and improvements. Subsequently, the reservoir plans never materialized and in 1998, the General Assembly designated the land as “open space” under G.L.1956 § 37-20-1.