COVENTRY, R.I. — The lawsuit filed by Soscia Holdings, the owners of Johnson’s Pond, against the state has been dismissed, according to recent reports. The lawsuit was initiated two years ago after the Rhode Island Department of Environmental Management (DEM) began enforcing a law that required dam owners to obtain a permit before adjusting a pond’s water levels. Johnson’s Pond was among the six bodies of water affected by this law.
The law, which was signed by Governor Dan McKee last summer, was introduced in response to concerns raised by residents about the pond’s low water levels and its impact on wildlife. However, U.S. District Court Judge Landya McCafferty ruled that Soscia Holdings failed to present any evidence to support the claim that the law was unnecessary or unreasonable to protect the public interest.
In response to the dismissal, Doug Soscia, representing Soscia Holdings, confirmed that they would be appealing the decision. The dismissal of the lawsuit also comes just before Soscia Holdings’ lease with the town is set to expire.
Soscia Holdings acquired the water flow rights and dam of Johnson’s Pond from Quidnick Reservoir Company in 2020. Since then, there has been ongoing dispute between Soscia Holdings, the residents, and the town regarding the pond’s water levels. The pond, also known as Flat River Reservoir, is home to approximately 700 residents.
The dismissal of the lawsuit marks a setback for Soscia Holdings’ efforts to challenge the law requiring dam permits for adjusting water levels in Johnson’s Pond. They now face the prospect of appealing the decision while simultaneously dealing with the expiration of their lease with the town. The dispute over the pond’s water levels and its impact on the surrounding community is likely to continue until a resolution is reached.