Superior, Supreme court decisions slam doors on Stone House

Weddings, entertainment must cease, or else

EastBayRI.com ·

LITTLE COMPTON — A series of dramatic court actions between Wednesday and Friday of this last week has slammed a lid on loud and heavily-trafficked activities and weddings at the Stone House that have bedeviled town residents over at least the last year or two.
A Superior Court has ordered that the Stone House is precluded "from conducting weddings, receptions, or other special events for the foreseeable future, including the ones scheduled for this weekend."
That's the word from an organization known as "Preserve Little Compton," whose lawyers, working in conjunction with Little Compton Town Solicitor Richard Humphey, won a case against the Stone House before Newport Superior Court Judge Brian Van Couyghen on Wednesday, July 19.
Then the "Preserve" lawyers and the town solicitor won again on Friday afternoon, July 21, when the Stone House — which had already lost in Superior Court on Wednesday — went back to the same court.
There, the Stone House asked the Judge for a "stay" of his order, and he denied the request. Then it asked the same judge for "clarification" of his order, and the judge did so, saying the Stone House is not allowed to have "any further weddings, wedding receptions, or other special events" — "either indoors or outdoors" the judge said, by way of clarification — until it resolves its "zoning and parking issues or until further order of the court."
That was when the Stone House went on an "emergency" appeal to the Supreme Court to try to get a "stay" of Judge Van Couyghen's Order.
To no avail. The Supreme Court's Honorable Gilbert Indeglia, declined to issue a stay of the Superior Court 's order.
"If they violate that Order, they will be in contempt of court and subject to heavy sanctions," say representatives of the Preserve group.

Decisions follow ten days of testimony

Judge Van Couyghen's decision Wednesday followed at least ten days of in-court testimony by town officials, residents, and Stone House representatives and its supporters and past owner-operators.
Before all the court action, the town had sought, unsuccessfully, to get Stone House officials to seek zoning relief, before conducting the objected-to activities, but the Stone House had not done so, and had instead proceeded to conduct the activities that were in alleged violation of zoning ordinances.
And then it went to court, having refused the town's entreaties.
"The Court," said Judge Van Couyghen, "is going to grant defendant's [the Town of Little Compton's and Preserve Little Compton's] prayer for a preliminary injunction prohibiting any special events from taking place on the Stone House property until the appropriate zoning relief can be obtained from the Little Compton zoning board of review and be approved by the town council or by further order of this court."
The court took note that the Stone House (the plaintiff in the case) "failed to take timely action to address the town's concerns," and failed to take action "until the wedding season was imminent."
"This Court," Judge Van Couyghen said, "finds plaintiff's delay in action was a major contribution to any harm they now face.... it appears to this Court that plaintiffs' inaction and failure to take timely action are predominant contributors to plaintiffs' damage claims."
The Stone House had argued that it "will suffer irreparable harm if the weddings it booked will not go forward" and that "it will suffer financial consequences and damage to its reputation."
The Court, however, took note "that [the Stone House was] aware of the council's concern regarding expansion of a legal nonconforming use in November 2016 at the latest."
Then the hammer dropped. "Plaintiffs shall cease and desist all special events and outdoor entertainment at the Stone House until further notice of this court or until the entertainment license is granted by the town council," Judge Van Couyghen said.

Preserve Little Compton went to court

"Preserve Little Compton" is a loose organization of about 600 local residents in Little Compton who have banded together to stop the Stone House from holding events that draw crowds, busses, create traffic and parking problems, and generate noise, especially at weddings, that can be heard, its members say, all over Sakonnet Point and environs.
The group is dedicated, it says, "to maintaining the beauty and serenity of Little Compton that have existed for generations. The new owners of the Stone House and Sakonnet Vineyard are threatening the traditional and historic use of the buildings and land. We wish to preserve the character and past level of use iof these Little Compton properties."
The present owners of the Stone House bought it in 2015 for 2.5 million dollars, and shortly thereafter embarked upon a program of high-end weddings, that drew attendees and guests, live music, cars, buses, required outdoor tents and seating, and that together allegedly exceeded prior levels of use.
A report by the Preserve group cited 36 events in 2016 that it claimed involved any or a combination of these noisome effects, that could be heard by 250 homes nearby and up to a mile away, and impacted traffic and safety for 125 families living nearby.
"The Stone House owners are likely to pursue further maneuvers in the Rhode island Supreme Court, but none are likely to present opportunities for the current situation to change in the near future, or until well after the end of the 2017 season. We are very pleased with this result," said representatives of Preserve Little Compton, clearly familiar with the legal machinations, in an e-mail to members Friday evening.
Kevin Vendituoli, general counsel and spokesman for the Stone House could not be reached for comment.