Rose Nulman Park Found. v. Four Twenty Corp.Annotate this Case
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.