The ownership of property at 178-200 George Waterman Road --  the site of a proposed affordable housing complex -- is temporarily  in legal limbo.

On March 14, Mayor Joseph Polisena Jr. announced via his social media accounts that the town had exercised its eminent domain authority and, through a petition in Providence Superior Court, had “officially acquired ownership” of the property. Polisena has been an outspoken opponent of the proposed development.

Within days, however, U.S. District Court Judge Melissa DuBose issued a temporary restraining order putting the town’s action on hold for 30 days.  For now, the property is back under the ownership of Ralph and Suzanne Santoro, Lucille Cantoro and Salvatore Campagnone.

At the same time they sought the temporary restraining order in federal court, the families also filed a petition in Superior Court asking that the town’s taking of the land be vacated.  Both sides signed a consent order putting any action regarding the property on hold until further motions are filed, and all parties appear in court on April 2, 2025, for a status conference.

The land in question is the site of a proposed 250-plus unit affordable housing complex.  In December, Polisena issued a strongly worded public statement opposing the project saying it is not in the best interest of the town and that he would use his authority and all legal means to fight it.  He did not specifically mention the use of eminent domain powers at the time.

In January, the Johnston Town Council backed a plan put forth by Polisena to build a new municipal campus – which would include new fire department headquarters, police station and town hall – on the land where the apartment complex was proposed.

On March 14, the town took the solo, or ex parte, action of going to Superior Court to deposit $775,000 for the George Waterman Road land with the money to go to the owners in exchange for the property.  According to court records, there is no record that the owners were notified at that time of the town’s action.

In seeking the federal district court temporary restraining order which was granted by DuBose, lawyers for the property owners contended that “The Town’s threatening eminent domain to pressure the Santoros to abandon their affordable housing plans, and its ex parte seizure of the Santoro Property isn’t a typical taking, but ‘municipal thuggery.’ ”

Even before the town took the eminent domain action that is now on hold, the families went to U.S. District Court to challenge the taking of the property.  They are being represented free of charge by the Pacifica Legal Foundation.  The Foundation, which is a non-profit entity, describes itself as “a public interest law firm that defends Americans’ liberties when threatened by government overreach and abuse.”

The law firm is joined in the case by Rhode Island attorney Kelly Morris Salvatore.

Their federal court complaint states that they are asking the court to “vindicate the family’s constitutional and civil rights, threatened by an outrageous abuse of governmental powers – a sham taking – by the Town of Johnston, Rhode Island and its officials.”