PROVIDENCE – A lawsuit challenging the rezoning for the proposed Hope Point Tower in the Interstate 195 Redevelopment District has been denied by a judge in R.I. Superior Court.
The tower would be built by the Fane Organization. The original zoning for the parcel, known as Parcel 42, would have allowed new construction of up to 100 feet, well under the proposed height of the tower.
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The project, estimated to have a value of $300 million, has secured state incentives of $25 million through legislative action. It has divided many residents, however, and drawn a lawsuit that challenges the rezoning for the project approved by the Providence City Council.
If built as planned, the tower would rise 46 stories, becoming the city’s tallest skyscraper.
The lawsuit – filed by Peter Scotti & Associates Inc., Building Bridges Providence, Frank Muhly and Andrew Meyer – had claimed that a zoning amendment for the tower was not consistent with Providence’s Comprehensive Plan and constituted illegal spot zoning.
The court found that the plaintiffs did not meet the burden of rebutting the amendment’s presumption of validity by putting forth specific evidence that the amendment is not consistent with the city’s Comprehensive Plan, and found that there were no genuine issues of disputed fact.
It was not immediately clear if the ruling will be appealed.
