Pawtucket Planning Approval Upheld Despite Ownership Change

Superior Court rules that new owner did not need to be present at hearing for project conversion.

Published on Mar. 4, 2026

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The Pawtucket Planning Commission's approval of an adaptive reuse project to convert an office building into 17 residential units and one office has been upheld in Superior Court, despite a change in property ownership that occurred after the initial application was filed but before the public hearing was held.

Why it matters

This case highlights the flexibility of the planning approval process in Pawtucket, Rhode Island, where a change in property ownership during the review period did not invalidate the original application or require the new owner to be present at the public hearing.

The details

Mako Enterprises and Elevator Properties filed an application to convert an existing office building, but the property was sold to 141 Power Road, LLC before the planning commission hearing. The commission approved the project 4-1, and nearby residents challenged the decision in court, arguing the new owner was an essential party. However, the judge ruled that the commission's approval without the new owner's signature did not nullify the decision, as the original applicants were properly identified.

  • On March 27, 2025, the property was conveyed by warranty deed to 141 Power Road, LLC.
  • On April 2, the Pawtucket Technical Review Committee reviewed the submitted materials and recommended approval.
  • On April 15, the Pawtucket Planning Commission held a public hearing and approved the application in a 4-1 vote.

The players

Mako Enterprises, LLC

The original applicant that filed the proposal to convert the office building.

Elevator Properties, Inc.

The original applicant that filed the proposal to convert the office building.

141 Power Road, LLC

The company that purchased the property after the initial application was filed.

Pawtucket Planning Commission

The local government body that approved the adaptive reuse project.

Judge Jeffrey A. Lanphear

The Superior Court judge who upheld the planning commission's decision.

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What they’re saying

“Appellants suggest the Commission acted contrary to law and in excess of its authority because the owner of the property, 141 Power Road, LLC, is 'an essential party to the [application],' but was not before the Commission when it approved the Application.”

— Judge Jeffrey A. Lanphear, Superior Court Judge (Lawyers Weekly)

“Again, Appellants reference no authority supporting their position that a change in ownership following a completed application invalidates the notice provided. No law requiring notice of a public hearing requires the identification of the property owner.”

— Judge Jeffrey A. Lanphear, Superior Court Judge (Lawyers Weekly)

What’s next

The project can now move forward with the adaptive reuse conversion, as the planning commission's approval has been upheld in court.

The takeaway

This case demonstrates the Pawtucket Planning Commission's flexibility in approving development projects, even when ownership changes during the application process, as long as the proper procedures are followed.