To My Clients and Friends Over These 43 Years of Law Practice
As of December 31, 2023, I will be closing my law office. I do so…
Pay Attention to What You Sign After You Sign the Purchase and Sales Agreement
This is the clear lesson from a recent Rhode Island Superior Court decision involving the…
A New and Comprehensive Guide to Rhode Island Land Use Laws
A Practical Guide to Land Use Law in Rhode Island was just published this summer…
“Water, Water Every Where, Nor Any Drop to Drink”
That was the lament of Samuel Taylor Coleridge’s Ancient Mariner, but it is also sometimes…
Whose Beach Is It, Anyway? *
That is a question which will echo throughout Rhode Island’s coast this summer, as in…
Mansions and Property Rights*
Our Rhode Island Supreme Court recently issued an important decision for property rights, even though…
Stormy Weather
There’s a political storm brewing in Rhode Island and coastal residences and businesses could be…
Getting a Dock In Rhode Island May Be Harder Than You Think
One of the attractions in acquiring waterfront property is to have a boat dock for…
The Precise Boundary of Waterfront Property May Not Be What You Think
Many prospective purchasers of waterfront property expect that they will own all the land up…
Getting Out of the Flood Zone
Given it is Hurricane Season, it is appropriate to ask whether Rhode Islanders are any…
Do You Need A Survey?
Prospective purchasers of real estate, and many owners, sometimes ask whether they need a survey.…
Taming Rhode Island Wetlands Registrations
Rhode Island property owners, developers and builders have long been frustrated by conflicting State and…
The Taylor Swift Tax is Not Too Swift
Even excellent leaders make their share of mistakes. Amidst Governor Raimondo’s impressive first months in…
Zoning the Oceans
I am pleased and proud that the American Bar Association has just published my book,…
When Buying Real Estate in Rhode Island, Absolutely Beware of Wetlands
Many property owners can innocently violate wetlands laws without even knowing they are doing it,…
Marine Spatial Planning, Ocean Zoning and the Ocean’s 12 Conference
I recently had the opportunity to address the Oceans’ 12 Conference meeting in Virginia, having…
Land Use Tax Policy – How Unfair is Fair?
“This is a case of fundamental unfairness masquerading as rational tax policy” “This is a…
So When Is An Abandoned Road Abandoned Anyway?
That was the question facing the Rhode Island Supreme Court when neighbors sued to…
Protecting a “Million Dollar Water View” with Restrictive Covenants
While a picture may be worth a thousand words, a Rhode Island ocean view…
Are Property Owners Liable for an Oil Release on Their Property Even if it Occurred Before They Owned the Property?
Rhode Island’s penchant for strict liability for releases of environmental contaminants appears to be getting…
Rhode Island and Massachusetts Issues on the Siting of Potentially Hazardous Facilities Will Get National Attention
An American Bar Association Webinar will bring to a national audience Rhode Island’s and Massachusetts’…
Title Problems May Occur Where You Least Expect to Find Them
Recently a buyer who was purchasing waterfront property in Rhode Island said when we were…
What’s the Buzz in Real Estate and Environmental Law
Getting the Right Information. I was recently reminded—more about that later—of questions I have…
A Real Estate Developer’s Worst Nightmare Gets Even Worse
To all those developers rushing off to federal court to sue because state regulations…
Is Wind Energy Facing Stiff Headwinds?
In the coming years, could wind energy be facing stiff headwinds, solar energy cloudy days,…
Memo to Real Estate Dealmakers: You Had Better Lawyer-Up From the Get Go!
That’s the lesson I take away from a recent, and stunning, U.S. Ninth Circuit Court…
Landlords, Party Houses and the Scarlet Notice
If you are a landlord, the First Circuit Court of Appeals has made it clear…
Why Isn’t That Easement On My Survey?
Real estate investors, developers, and even residential property owners who want to know specifically what…
A Comprehensive Conference on Offshore Energy Development: Get Current and Get Connected
Those of you now planning your professional development seminars or continuing legal education opportunities for…
Coastal Permitting and Federal Coastal Zone Management Act Protections for States
I recently had the opportunity to address the fall meeting of the American Bar…
Developers and Property Owners Benefit From Permit Extensions
Many real estate developers and property owners got a significant break from the General…
Regulating Waterfront Property in Rhode Island: Ownership Does Not Mean Control
If you own waterfront property in Rhode Island and think you can do with…
Balancing Waterfront Property Rights: A Tale of Two States
A recent Massachusetts Supreme Judicial Court decision on waterfront property rights dramatically illustrates the…
Moving the Ocean Away From Waterfront Property Owners
Last month the U.S. Supreme Court spoke in an important waterfront property rights case,…
Riparian Rights in Little Rhody and Beyond
Rhode Island is the Ocean State, and if anyone doubts the interest of Rhode…
Is “Right to Dry” Wrong to Try?
With near double digit national unemployment, the collapse of the housing market throughout the…
EPA’s All Appropriate Inquiries Rule: Why It May Be Inappropriate For Your Transaction
In preparing to give a seminar on environmental issues in real estate and business…
The Land Only Condominium: Little Known and Less Understood
Some time ago I was walking a development project with the chief surveyor for…
Cesspools: Phasing In the Phase Out
In the best of times, it’s hard to find anyone saying anything good about cesspools.…
Cape Wind and the Indians: When Everyone Has Rights, No One Has Rights
The Cape Wind project to construct 130 wind turbines in Nantucket Sound was recently…
Is the DEM Director’s Review of Hearing Officer Decisions Itself Under Review?
The Director of the Rhode Island Department of Environmental Management has statutory authority to review…
Cape Wind – Surviving a Dysfunctional Environmental Permitting Process
Whether or not one agrees with Interior Secretary Salazar’s decision this week to remove the…
Will Recreational Fishing in the Ocean State Be “The One That Got Away?”
Given that Rhode Island is the Ocean State, and recreational fishing is extremely popular,…
Minimum Housing Standards – For Condominiums?
Prospective purchasers and owners of investment rental property, including condominium developers renting units they…
Gasoline Station Owners and Buyers – Here’s a Brain Teaser For You
If you think owning or buying a gasoline service station is easy, think again.…
Putting the Champlin’s Marina Decision in Perspective
This is the last in a four-part series on the Rhode Island Supreme Court’s decision…
“A Veritable Peyton Place of Impermissible Ex Parte Contacts”
In a recent talk to a regional conference of planners held in Connecticut, that…
Is Quasi-Judicial Immunity Really Quasi-Immunity?
That in effect was one of the questions facing the Rhode Island Supreme Court…
Did the Champlin’s Marina Remedy Miss the Mark?
If there is a weakness in the Supreme Court’s thoughtful decision in the Champlin’s Marina…
Salvaging the Historic Tax Program
as published in the Rhode Island Bar Journal, November/December 2008 Bowing to budgetary…
Buyers and Sellers Need Protection at Auction
as published in the Providence Business News, February 15-21, 2010 Selling property at auction has…
Auctions Can Create Buzz to Close Homes Sales
The implosion of the residential real estate market has forced sellers across the country…