Gov. Island asks judge to put end to 10-year legal ordeal

LACONIA — Saying enough is enough, the homeowners association for Governors Island asked a superior court judge to take strong action against one of its members for repeatedly failing to remove structures on his property in violation of association regulations, and failing to abide by numerous court orders stretching back nearly 10 years.

But the homeowner, Richard Homsi, countered that the case has dragged on this long only because the the officers of the Governors Island Club have been unreasonable and have refused to settle the matter by other means.

In a hearing before Judge James D. O’Neill III in Belknap Superior Court on Friday, the homeowners’ group asked the judge to seize — called an attachment — Homsi’s home at 84 Summit Avenue, in Laconia, in order to compel Homsi to pay more than $29,500 in court fines and legal fees which the court has ordered him to pay. In addition, the association asked the court to allow it to sell the waterfront home if necessary in order to pay the debt.

Attorney Paul Fitzgerald, who was representing Governors Island, said for 10 years Homsi has been using delaying tactics to avoid abiding by court orders, including paying fines that have been levied against him.

The case — the longest, currently-active civil case in Belknap Superior Court — has been going on for nearly 10 years, has involved more than 500 pleadings, and resulted in six court orders which together ordered Homsi to pay $122,000.

“While it is a cliche among laymen that ‘justice delayed is justice denied,’ it is one that rings true in this case,” Fitzgerald said.

Homsi told the judge that he has tried to resolve the case and that once he had agreed to a tentative settlement only to have it rejected by the Governors Island trustees. As for the mounting legal fees which he has been ordered to pay, Homsi said the reason the fees are accumulating is because Fitzgerald continues to bill Governors Island for his services.

Homsi has been ordered to make monthly payments of $500 to the GIC as a way to pay down the legal fees. Fitzgerald said most of the payments have arrived late. But Homsi told the judge the payments are current. Fitzgerald said that at the rate of $500 a month it will take Homsi more than 13 years to completely pay off the debt.

In addition to property on Governors Island, which measures 504 acres, the Governors Island Club also extends to property in Laconia along Summit Avenue which runs from Route 11B to the bridge which links the mainland to the island, which is in Gilford.

Homsi’s property, adjacent to the bridge, measures 0.91 acres and has 230 feet of waterfront, he told the judge.

At issue are a number of outbuildings — a Quonset hut-type structure, and carports and a shed — which the GIC says were put up in violation of the association’s rules.

Homsi said he earlier wanted to build a garage on his property, but that the GIC rejected his plan.

On Friday he disputed the GIC’s contention that he is in violation of the court’s order to remove the structures. He said that a 2017 court order said that the structures need to be removed “once the project is complete.”

“The project is not complete,” he told the judge. He said he has not moved ahead with the project because he has been unable to obtain the financing. “I will comply once the garage is built,” he said.

However, last August O’Neill issued an order telling Homsi to remove the structures and restore the property to a “neat and attractive manner” and that Homsi would be fined $100 a day for every day the structures remained after Sept. 17.

Homsi, who is acting as his own attorney, told the judge that he is a blue-collar worker who just wants to be able to enjoy his property like any ordinary guy.

But Fitzgerald rejoined that Homsi is far from being a man of modest means.

“He has substantial assets,” Fitzgerald said, mentioning his Summit Avenue House assessed at $1.3 million (a value Homsi disputed), a home in Waltham, Massachusetts, and an ownership interest in what Fitzgerald called rental property in Weirs Beach which Homsi has not declared on his financial affidavits which the court has ordered him to file every 90 days, a requirement which Fitzgerald said Homsi has disregarded more than he has obeyed.

Apologizing to the judge for the sometimes-rambling nature of his remarks, Homsi said that tried to settled the dispute with the GIC

“I’ve offered them thousands of dollars to make this go away,” he said. But moments later when he ventured into making disparaging remarks about the affluent backgrounds of Governors Island officials, O’Neill cut him off.

“That’s enough, Mr. Homsi,” the judge said firmly. When Homsi continued in the same vein, O’Neill quickly and sternly interjected, “Don’t interrupt me Mr. Homsi. Do you have any more points of law to make?”

Homsi said he did not and sat down.

Fitzgerald’s rebuttal was brief.

“Actions speak louder than words,” he told the judge.

O’Neill took the matter under advisement but gave no indication when he would issue a ruling.