Farm sues Rhode Island over water supply dispute

Legend’s Creek LLC, along with LLC Members Jon Restivo and Aden Mott, filed a lawsuit against the State of Rhode Island and the Rhode Island Department of Health (RIDOH) alleging that the defendants violated the rights of plaintiffs under the Fifth and Fourteenth Amendments to the United States Constitution.

According to the complaint, Legend’s Creek is a farm that manufactures personal health and beauty products. The applicants applied for a public water supply permit to operate a kitchen for their farm; however, RIDOH continued to deny the complainants’ permit applications despite their repeated attempts and offers to rectify the problems, comply with regulations, and regular inspections. The complaint alleges that other applicants for public water supply permits have obtained waivers 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 wording of the settlement, 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 claims that the plaintiffs suffered significant economic damage (more than half a million farm upgrades, as well as lost business profits), as well as personal distress (financial instability to start a family ), due to RIDOH’s repeated denial of their water utility permit.

The plaintiffs seek the following remedies: damages, interest, costs and attorneys’ fees. The plaintiffs are represented by Strauss, Factor, Laing and Lyons.

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