Into The Foxhole
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homegrown businessowners .
“ As Rhode Islanders , we don ’ t help Rhode Islanders ,” he tells me . “ We cannibalize ourselves .”
‘ I BET YOU ’ RE AMAZING IN BED ’
WHEN MIHAILIDES bought an initial 178-acre parcel of land in 2011 and unveiled a plan for an outdoor shooting range and club , the Preserve started marketing the amenities to potential members to drum up business in addition to the existing golf course .
But when the businessowner came back to the town three years later to submit official plans , he learned the town had recently amended local zoning rules to prohibit indoor and outdoor shooting ranges , along with the Preserve ’ s “ other planned outdoor recreation activities ,” according to court documents .
The issue turned into a three-year-long slog , with Mihailides alleging the Preserve was forced to pay tens of thousands of dollars for different studies . Ultimately , the town reversed course and approved permitting for the resort .
Despite the resolution , however , litigation ensued against the town in December 2021 , with the Preserve accusing it of continuing to deprive the businesses of their rights , which “ has caused and continues to cause ” substantial harm and damages , according to court documents .
Specifically , there were five claims against the town , including that it had “ established an enterprise ” of consultants and third-party contractors to obtain money from the Preserve , making it guilty of “ racketeering activity ” under the state ’ s RICO Act .
R . I . Superior Court Judge Richard Licht ordered the case be tossed out one year later , ruling the RICO Act didn ’ t apply because “ there are no allegations to support a finding that funds were received under false pretenses .”
“ Thus , there can be no RICO violation ,” he wrote in his decision .
The case is now on appeal to the state Supreme Court . Attorney Marusak , who is arguing the case on behalf of the town , declined to comment on pending litigation .
But in legal arguments , he describes it as a “ case like no other ,” and urges the state ’ s highest court to uphold the lower court ’ s decision .
The lawsuit is holding some back from
RHODE ISLAND MONTHLY l SEPTEMBER 2023 155