LACONIA — Saying sufficient is sufficient, the householders affiliation for Governors Island requested a superior court docket decide to take sturdy motion towards one among its members for repeatedly failing to take away buildings on his property in violation of affiliation laws, and failing to abide by quite a few court docket orders stretching again practically 10 years.
However the house owner, Richard Homsi, countered that the case has dragged on this lengthy solely as a result of the the officers of the Governors Island Membership have been unreasonable and have refused to settle the matter by different means.
In a listening to earlier than Choose James D. O’Neill III in Belknap Superior Courtroom on Friday, the householders’ group requested the decide to grab — known as an attachment — Homsi’s house at 84 Summit Avenue, in Laconia, as a way to compel Homsi to pay greater than $29,500 in court docket fines and authorized charges which the court docket has ordered him to pay. As well as, the affiliation requested the court docket to permit it to promote the waterfront house if needed as a way to pay the debt.
Lawyer Paul Fitzgerald, who was representing Governors Island, mentioned for 10 years Homsi has been utilizing delaying ways to keep away from abiding by court docket orders, together with paying fines which have been levied towards him.
The case — the longest, currently-active civil case in Belknap Superior Courtroom — has been occurring for practically 10 years, has concerned greater than 500 pleadings, and resulted in six court docket orders which collectively ordered Homsi to pay $122,000.
“Whereas it’s a cliche amongst laymen that ‘justice delayed is justice denied,’ it’s one which rings true on this case,” Fitzgerald mentioned.
Homsi informed the decide that he has tried to resolve the case and that when he had agreed to a tentative settlement solely to have it rejected by the Governors Island trustees. As for the mounting authorized charges which he has been ordered to pay, Homsi mentioned the explanation the charges are accumulating is as a result of Fitzgerald continues to invoice Governors Island for his companies.
Homsi has been ordered to make month-to-month funds of $500 to the GIC as a strategy to pay down the authorized charges. Fitzgerald mentioned a lot of the funds have arrived late. However Homsi informed the decide the funds are present. Fitzgerald mentioned that on the fee of $500 a month it would take Homsi greater than 13 years to utterly repay the debt.
Along with property on Governors Island, which measures 504 acres, the Governors Island Membership additionally extends to property in Laconia alongside Summit Avenue which runs from Route 11B to the bridge which hyperlinks the mainland to the island, which is in Gilford.
Homsi’s property, adjoining to the bridge, measures 0.91 acres and has 230 toes of waterfront, he informed the decide.
At subject are a lot of outbuildings — a Quonset hut-type construction, and carports and a shed — which the GIC says had been put up in violation of the affiliation’s guidelines.
Homsi mentioned he earlier needed to construct a storage on his property, however that the GIC rejected his plan.
On Friday he disputed the GIC’s rivalry that he’s in violation of the court docket’s order to take away the buildings. He mentioned {that a} 2017 court docket order mentioned that the buildings must be eliminated “as soon as the venture is full.”
“The venture isn’t full,” he informed the decide. He mentioned he has not moved forward with the venture as a result of he has been unable to acquire the financing. “I’ll comply as soon as the storage is constructed,” he mentioned.
Nevertheless, final August O’Neill issued an order telling Homsi to take away the buildings and restore the property to a “neat and enticing method” and that Homsi could be fined $100 a day for on daily basis the buildings remained after Sept. 17.
Homsi, who’s appearing as his personal lawyer, informed the decide that he’s a blue-collar employee who simply needs to have the ability to get pleasure from his property like all strange man.
However Fitzgerald rejoined that Homsi is much from being a person of modest means.
“He has substantial property,” Fitzgerald mentioned, mentioning his Summit Avenue Home assessed at $1.3 million (a worth Homsi disputed), a house in Waltham, Massachusetts, and an possession curiosity in what Fitzgerald known as rental property in Weirs Seashore which Homsi has not declared on his monetary affidavits which the court docket has ordered him to file each 90 days, a requirement which Fitzgerald mentioned Homsi has disregarded greater than he has obeyed.
Apologizing to the decide for the sometimes-rambling nature of his remarks, Homsi mentioned that attempted to settled the dispute with the GIC
“I’ve provided them 1000’s of {dollars} to make this go away,” he mentioned. However moments later when he ventured into making disparaging remarks in regards to the prosperous backgrounds of Governors Island officers, O’Neill reduce him off.
“That’s sufficient, Mr. Homsi,” the decide mentioned firmly. When Homsi continued in the identical vein, O’Neill rapidly and sternly interjected, “Don’t interrupt me Mr. Homsi. Do you might have any extra factors of legislation to make?”
Homsi mentioned he didn’t and sat down.
Fitzgerald’s rebuttal was transient.
“Actions converse louder than phrases,” he informed the decide.
O’Neill took the matter below advisement however gave no indication when he would subject a ruling.