Judge Dismisses Suit that Seeks to Block Breakers' Welcome Center

Rhode Island Superior Court Associate Justice Bennett Gallo on Friday dismissed the Bellevue Ochre Point Neighborhood association's lawsuit against the Preservation Society of Newport County that sought to block a welcome center on the grounds of the fabled The Breaker's Mansion in Newport.

Formerly the summer home of the Vanderbilts, The Breakers is an iconic museum and tourism destination as well as the crown jewel in the collection of mansions maintained by the preservation society in Newport.

The neighborhood association had argued that the city's zoning rules prevented the preservation society from opening a planned $4.2 million welcome center.

The dismissal does yet change the fate of the welcome center, however. The proposal was rejected by the city's Historic District Commission on the basis that it didn't meet historical standards in Bellevue Avenue and mansions section of the city known for its difficulty in getting new construction approved and well-heeled residents who rigorously guard its character.

The Preservation Society of Newport County appealed the commission's denial and that appeal has not yet fully been heard. The next hearing is due for Aug. 6.

In the dismissal, Gallo said the BOPNA's complaint is "within the jurisdiction of the Newport zoning officials to determine," noting that their request for declaratory judgement would be "inappropriate."

The full ruling is attached to this article. Click "download .pdf" to grab it.