A federal judge in Rhode Island ruled that the town of Johnston's seizure of a 31-acre parcel was invalid due to lack of legal authority. In the case of SCLS Realty, LLC v. Town of Johnston, Judge Melissa R. DuBose determined that the town's actions to take the property for a municipal complex were not supported by the necessary statutory delegation. The Santoro family, through SCLS Realty, had planned to develop a 252-unit affordable housing complex on the site, which was opposed by Johnston Mayor Joseph Polisena Jr. The town created its own condemnation process and transferred the title without notifying the property owners, who learned of the seizure through social media.
Judge DuBose emphasized that a municipality must follow specific procedures outlined by the state legislature when exercising eminent domain. The ruling does not prevent Johnston from using eminent domain in the future, but it requires adherence to legal protocols. The Santoro family, represented by the Pacific Legal Foundation, expressed satisfaction with the ruling, which they view as a check on the town's authority. However, further claims related to the case are still pending, and Johnston is considering establishing a Municipal Public Building Authority as a potential solution.