Judge won't allow cottage to be moved onto property of Governors Island Club member

LACONIA — In a three paragraph ruling issued Monday, Judge James O'Neill rejected a Laconia man's request to move a cottage slated for destruction to his property for safekeeping.

Richard Homsi, who lives on Summit Ave in Laconia but whose property is included in the Governors Island Club, had hoped to build a garage and place the cottage on top of it.

After his plan was rejected by the GIC Executive Committee, Homsi began excavating and building the foundation. He stopped when O'Neill granted GIC a emergency ex parte injunction in June.

Homsi said he began the project without GIC approval because he was able to obtain permits from both the Laconia Planning Department and the state Department of Environmental Services. He contends the zoning and permitting process trumps any deed restrictions he may have signed when he bought his house in 1997.

Judge Kenneth McHugh made the injunction permanent until the matter could go to trial — something that could take at least a year.

Homsi filed for a motion to reconsider McHugh's ruling and was turned down.

In his motion on Monday, in which he represented himself, he asked for the court to allow him to move the cottage for "safekeeping" on to his property.

GIC attorney Paul Fitzgerald successfully argued that Homsi's request was really a third bite at getting the initial injunction lifted and O'Neill agreed saying his order was consistent with the three previous orders dated June 12, June 21, and August 2.

The cottage is still standing as of Tuesday morning, but a neighbor of both the cottage owner and Homsi said it will likely be destroyed soon so the owner of the property can build a new home.