Johnston Mayor Joseph Polisena Jr. is pushing back against claims that the town’s eminent domain proceedings for a municipal complex to be located on George Waterman Road are aimed at blocking a proposed affordable-housing development.

The mayor asserts that discussions about a new municipal complex have been ongoing since early 2023, well before the developer submitted plans for their project.

The property owners have filed a lawsuit against the town in U.S. District Court in Providence. Those owners, SCLS Realty LLC and Sixty Three Johnston LLC, are associated with Lucille Santoro, Ralph Santoro and Salvatore Compagnone. They proposed building more than 250 units for a low-income housing complex at the site, citing a need for such housing in town.

“The Constitution forbids using eminent domain under false pretenses. The town’s claim to be seizing the Santoro family’s land for a new government campus is a sham, when the real reason is it a last-ditch effort to stop the Santoros from building affordable housing,” said Kady Valois, a lawyer at Pacific Legal Foundation, in a press release. “The town should be honest and transparent about its real reasons for using eminent domain and not lie about why it’s abusing its power to strip owners of their property rights.”

Pacific Legal Foundation is representing the Santoro family in the federal lawsuit in a bid to uphold property rights and advocate for housing solutions in Rhode Island and beyond.

“The developer keeps referring to this as a ‘sham’ taking, saying there was no discussion about a public safety complex prior to the proposal of their housing project. That’s simply not true,” Polisena said. “I have multiple emails and texts going back as far as March 2023, shortly after I took office, on prospective sites.”

According to Polisena, the town had searched for a suitable location for a municipal complex, with the hardest look given to AA Wrecking at 1307 Hartford Ave. However, negotiations with the owner of that site fell through due to compensation disagreements.

“We went so far as hiring an engineering firm to do some site work and testing on one of those sites, but when I met with the property owner, we could not agree upon a price for the land,” Polisena explained.

As the legal dispute over the eminent domain claim unfolds, Polisena said he is eager to present documentation to the developer’s legal team showing the extent of the town’s efforts to secure a site for municipal use.

“I’m looking forward to their response when opposing counsel is provided with all the correspondence, site work and invoices over the past few years pertaining to the work the town has done in looking for a location for a municipal complex,” he said.

The mayor anticipates that the developer’s argument for the 31-acre site may shift once this information is presented.

“I’m sure their argument will then change from ‘there was no talk of a municipal complex before this’ to ‘this is the primary reason it was done, to stop the project,’ which is simply not true,” Polisena said. “If it was, I would have proposed something more inexpensive than a municipal complex. The reality is these are buildings we need, and we’ve needed them for some time now.”

Polisena announced on Friday via a Facebook post that, through a petition in Superior Court, Providence, the town had officially acquired ownership of the property at 178-200 George Waterman Rd. by eminent domain. A fair market valuation of the property, conducted by Andolpho Appraisal Associates Inc., determined it was worth $775,000.

In a press release Wednesday morning, the mayor appeared to back away from his Facebook post’s claim that the town had acquired ownership of the land.

“The recent court decision simply means that the status quo is preserved,” the release said. “We will continue to make our case in the hearing scheduled for April. This legal process is ongoing, and we remain committed to advocating for the bests interests of the current residents of Johnston.”

In December, the mayor made clear his refusal to acquiesce to the developers’ plan for the land.

In a Facebook post dated Dec. 4, 2024, Polisena wrote, “If the developer is unwilling to compromise, I will use every lever of government I have, including a court challenge of the low-income housing statute itself. Johnston will not be force-fed a development through a state law that will immediately add anywhere from 600-800 people, which is anywhere between 2%-3% of our total population now, a massive number for one development, without a fight.”

While the developer continues to challenge the town’s decision, Polisena maintains that Johnston’s priority remains addressing its longstanding municipal infrastructure needs.

“What else do you expect? The developer and their attorneys have to put forth some, simply any, legal argument that helps them,” he said.

The case is expected to proceed as both sides prepare to present their arguments.

“The primary reason is to provide 21^st-century public and municipal services to our citizens. I have been looking for a location to do this since I took office, with proof to that effect,” said Polisena. “The police chief and fire chief are very excited about this location. Engineering review of the site confirms that this complex can be constructed on this site to serve this and the next generation of Johnston citizens.”