V. GEORGE MITOLA and CAROL A. MITOLA
PROVIDENCE PUBLIC BUILDINGS AUTHORITY
Plaintiff: Jeffrey B. Pine, Esq.
Defendant: Mal A. Salvadore, Esq.; Thomas C. Angelone, Esq.
this Court for decision is V. George Mitola and Carol A.
Mitola's (collectively, Petitioners) Petition for
Assessment of Damages pursuant to G.L. 1956 § 45-50-13.
Petitioners ask that this Court decide the appropriate
damages to be assessed against Respondent Providence Public
Buildings Authority (PPBA) resulting from the condemnation of
Petitioners' development rights with respect to
approximately sixty-seven acres of land (the Property). The
Property, owned by Petitioners, is designated by the Town of
Scituate Tax Assessor as Map 38, Lot 1. Jurisdiction is
pursuant to Section 45-50-13 and Super. R. Civ. P. 52.
matter arises from a dispute over just compensation for an
interest in the development rights of land acquired by PPBA
from Petitioners on March 9, 2012. The parties agree that the
highest and best use of the Property is an eight-lot
subdivision. Petitioners maintain that just compensation for
the development rights of this subdivision amounts to $685,
000, while Respondent asserts that just compensation is $492,
Court, sitting without a jury, heard testimony at trial.
After assessing the credibility of the witnesses and weighing
all of the evidence presented, this Court makes the following
findings of fact.
Mitola and his wife acquired approximately sixty-seven acres
of undeveloped land in Scituate, Rhode Island in May 2002 for
the sum of $325, 000. Trial Tr. (Tr.) 3-4, Apr. 3, 2018. At
the time of the purchase, the Petitioners intended to
subdivide the Property. Id. at 5. They considered
retaining four lots for their family and selling the
remaining lots. Id. at 5-6. The Petitioners
eventually built their residence at 21 Country View Lane,
Scituate, Rhode Island, and currently live there with their
two daughters. Id. at 3.
undertook various steps in order to subdivide the property,
including swapping a portion of land with a neighbor to
obtain appropriate frontage. This enabled them to comply with
the Town of Scituate zoning regulations. Additionally,
Petitioners sought and obtained Planning Commission approval
of a subdivision plan. The approved subdivision plan
contained eight lots; Lot 1 includes the 4360 sq. ft. single
family residence with 35 acres while Lots 2-8 vary in size.
Id. at 4-6.
Caito Corporation (Caito) was retained to assist in the
various zoning and planning issues. Caito designed the plat,
road, and infrastructure for the catch basins and detention
pond. Id. at 7.   Gerry Parrillo was also hired to assist in
the construction of a road connecting Country View Lane to
the residence. Id. at 8-10.
the construction period, Mr. Mitola received a request from
Rich Blodgett of the PPBA asking to acquire the development
rights of the subject property. Id. at 10. Mr.
Mitola informed Mr. Blodgett that he did not intend to sell
the development rights. Id. at 11. As a result, the
PPBA, pursuant to Section 45-50-13 (a)(6), commenced eminent
domain proceedings. Id.
Jenny K. Flanagan
Jenny K. Flanagan, Vice President at Keystone Consulting
Group (Keystone), testified regarding the valuation of the
Property. Ms. Flanagan is licensed as a General Certified
Appraiser in Rhode Island, Massachusetts, and Connecticut and
has performed approximately 400 appraisals over the past