A Word About Karma and Development Rights: The Cautionary Tale of a Luxury Condominium Developer on Goat Island, in Newport, RI

A Word About Karma and Development Rights: The Cautionary Tale of a Luxury Condominium Developer on Goat Island, in Newport, RI

By: Frank Lombardi, Esq.

In the case of In re: IDC Clambakes, Inc, Chapter 11 Case No. 05-12267-MSH (2014) the U.S. Bankruptcy Court for Rhode Island earlier this spring made some interesting law here when it determined that because a Master Association and its sub Associations had impliedly consented to the developer’s use and occupancy of a reserved area after the expiration of development rights, the developer was under no obligation to pay for the use and occupancy thereof.

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