Farm Sues Rhode Island Over Water Supply Dispute

Legend’s Creek LLC, as well as Jon Restivo and Aden Mott (members of the LLC), filed a complaint against the State of Rhode Island and the Rhode Island Department of Health (RIDOH) alleging the defendants violated the plaintiffs’ rights under the Fifth and Fourteenth Amendment of the United States Constitution.

According to the complaint, Legend’s Creek is a farm which produces personal health and beauty products. The plaintiffs sought a public water supply permit to run a kitchen for their farm; however, the RIDOH continued to deny the plaintiffs’ permit applications despite their repeated attempts and offers to rectify issues, comply with regulations, and regular inspections. The complaint alleges that other public water supply permits applicants have been given variances for specific regulations, allowing them to operate a public water supply.

The complaint states, “RIDOH admits that the Legend’s Creek Farm permit complies with the literal language of the regulation, in part, because there is no source of contamination within 200 feet of the well.  However, RIDOH now interprets the regulation to allow it to deny permit applications for wells within 1750 feet of a potential source of pollution.”

The complaint asserts that the plaintiffs have suffered significant economic damages (over half a million in upgrades to the farm, as well as lost business profits), as well as personal distress (financial instability to start a family), because of the RIDOH’s repeated denial of their public water supply permit.

The plaintiffs seek the following for relief: damages, interests, costs, and attorney’s fees.The plaintiffs are represented by Strauss, Factor, Laing, & Lyons.