Michael A. Kelly
Michael founded The Law Offices of Michael A. Kelly (now KSP Law) in 2002 after nearly 25 years of experience working for Adler, Pollock & Sheehan and serving as General Counsel for Cumberland Farms and Gulf Oil, Inc.
Michael has a wide range of legal experience in the areas of land use, construction, commercial disputes, business disputes and real estate matters. He is known by his peers for being an aggressive litigator with a proven track record of success.
Over his 43+ years of practice, Michael has represented some of the largest local construction companies (as well as several national construction companies) and has also successfully secured several multi-million-dollar awards against both federal and state agencies. He represents developers for projects of all sizes in Rhode Island and Massachusetts and regularly appears before municipal zoning and planning boards to advocate for his clients.
Michael strives to provide the best representation possible for his clients and does so with the tenacity required to gain successful outcomes.
Vito v. Dept. of Environmental Mgmt., 589 A.2d 809 (R.I. 1991)
Prevailed on appeal before the Rhode Island Supreme Court, supporting a lower court’s ruling that the Department of Environmental Management (DEM) violated the due process rights of a denied applicant by failing to schedule a freshwater-wetlands hearing within 90 days of a request. Asserted the rights of those holding objections to DEM rulings to timely freshwater-wetlands public hearings.
Bendick v. Cambio, 558 A.2d 941 (R.I. 1989)
Successfully defended a landowner’s right to a jury trial with respect to fines against it by the Department of Environmental Management.
Eastern Motor Inns v. Ricci, 565 A.2d 1265 (R.I. 1990)
Confirmed that the commitment of a land seller to convey property pursuant to contract of sale ended on termination date provided in an escrow agreement contract and that prospective purchasers were not entitled to reimbursement of expenses incurred in assisting them with obtaining necessary variances in zoning ordinances.
Cumberland Farms v. Mayo Corp., 694 A22d 752 (R.I. 1999)
Successfully argued against an appeal of a lower court’s determination that an adverse possession claim filed before the 10-year statutory period should rightfully be dismissed.
Forte Brothers v. National Amusements, 525 A.2d 1301 (R.I. 1988)
Assisted a contractor with overturning a lower court decision that granted summary judgment dismissing the contractor’s claim against a project manager despite the fact the contractor had no contract with the project manager and held the economic loss doctrine did not apply.
Ben’s Marine v. Sleek Craft, 502 A.2d 808 (R.I. 1986)
Asserted that a manufacturer of boat who solicited business in Rhode Island by sending catalogs and price lists to plaintiff has a significant enough contact within the State to justify the exercise of Rhode Island’s jurisdiction over that manufacturer.
Nunes v. Meadowbrook Development Co., Inc., 807 A.2d 943 (R.I. 2002)
Prevailed following a nonjury trial in Superior Court in which he successfully argued that an easement on real property was not extinguished after a merger between two entities. On appeal the Supreme Court reversed the Decision.
Moreau v. Flanders, 15 A.3d 565 (R.I. 2011)
Represented a mayor and city council members of a financially distressed city who brought an action against a receiver appointed by the State Department of Revenue. Argued that the appointment of a receiver is unconstitutional and argued that the appointment of a receiver is unconstitutional and in violation of the Mayor’s City Council Members rights under the Rhode Island Constitution.
West, et al v. McDonald, 18 A.3d 526 (R.I. 2011)
Clarified that the Supreme Court’s scope of decision making related to appeals of local planning board decisions is limited to determining whether the trial justice exceeded his or her statutory authority, misapplied the law, overlooked evidence or made findings that were clearly in error. The issue involved was whether existing zoning superseded the comprehensive plan of the City of East Providence.
Terrapin Development, LLC v. Irene M. O’Malley Revocable Trust, 253 A.3d 1241 (R.I. 2021)
Asserted the rights of a client who signed a Purchase and Sales Agreement to buy lots in a subdivision. Client was denied the purchase due to sellers’ unwillingness to allow them to participate in permitting and engineering planning and complying with the Purchase and Sales Agreement. Client sued the seller for not performing under the Agreement.
Cashman Equipment Corp., Inc. v. Cardi Corp., Inc., No. PB-2011-2488 (R.I. 2014)
Took an appeal to the R.I. Supreme Court on a a lower court’s ruling that a contractor did not need to disclose the computer models and after information by an expert in forming their testimony at trial. The Supreme Court defined the Rules of Procedure in regard t exactly what could be obtained from an expert in forming their opinion.
Pound Hill Corp. v. Perl, 668A.2d 1260 (R.I. 1997)
Successfully appealed a decision that granted summary judgment to a Defendant who sought to prevent a Client developer from obtaining a zoning change. Established the precedent that members of an organization who use process and baseless objections to prevent zoning changes where not protected by the anti-slap law and allowed the case to go forward on damages to the developer.
L.A. Ray Realty v. The Town Council of the Town of Cumberland, 598 A.2d 202 (R.I. 1999)
Prevailed in an appeal on behalf of property owners who challenged the validity of zoning ordinance amendments establishing minimum subdivision lot size. While the Superior Court, dismissed client’s complaint, attorney Kelly successfully argued that a zoning amendment establishing minimum lot size, adopted by referendum but without notice and hearing to affected landowners, was invalid.
Current Litigation Matters:
Represent client in removal of trustee for failure to uphold his duties as Trustee.
Lead counsel in forty (40) day bench trial in the Rhode Island Superior Court in connection with claims of defective engineering and construction activities, as well as associated costs and delays, regarding the construction of a major public works project.
Successful negotiation and settlement of a bid protest for the I-195 Washington Bridge.
Real Estate/Land Use Projects:
Permitting in North Smithfield for a mixed-use development which includes 450,000 square feet of retail space, over 75,000 square feet of office space and several restaurants.
Permitting in Charlestown on a dual track Master Plan application and a Comprehensive Permit application for a residential cul-de-sac development with affordable housing units.
Permitting in North Smithfield for a development that contains 122 single family residential homes in a historic area.
Permitting in Smithfield for a large development which includes an ordinance change.
Permitting for rehabilitation of large office building into residential units.
Permitting in Cumberland for a Charter School expansion project.
Permitting for hotel in downtown Providence.
Currently handling the four largest real estate commercial development projects in Rhode Island to obtain and recover state, local and federal permits:
- A 1.2 million square ft warehouse facility that will create over 1,000 jobs at a Smithfield, Rhode Island project costing over approximately $100,000 million.
- The total renovation of the former Memorial Hospital Complex, into approximately 200 housing units primarily for Veterans with related services totaling over $20 million dollars.
- A 25-acre glass enclosed greenhouse in Exeter, Rhode Island that will produce 10 million lbs of specialty tomatoes per year with a total cost of the project at over $80 million.
- The proposed construction of a port facility in East Providence by the Commerce Corp.
- L.A. Ray Realty v. The Town Council of the Town of Cumberland, 698 A.2d 202 (R.I. 1999)
- L.A. Ray Realty v. The Town Council of the Town of Cumberland, 598 A.2d 202 (R.I. 1999)
- Pound Hill Corp. v. Perl, 668 A.2d 1260 (R.I. 1997)
- Palazzolo v. Coastal Resources Mgmt., 657 A.2d 1050 (R.I. 1996)
- Vito v. Dept. of Environmental Mgmt., 589 A.2d 809 (R.I. 1991)
- Bendick v. Cambio, 558 A.2d 941 (R.I. 1989)
- Baker & Bro. v. Orgonics, 554 A.2d 196 (R.I. 1989)
- Washington Highway v. Bendick, 576 A.2d 115 (R.I. 1991)
- Eastern Motor Inns v. Ricci, 565 A.2d 1265 (R.I. 1990)
- Textron v. Aetna, 754 A.2d 742 (R.I. 2000)
- Corso Excavating v. Poulin, 747 A.2d 994 (R.I. 2000)
- City of Woonsocket v. Forte Bros., Inc., 642 A.2d 1158 (R.I. 1995)
- Forte Bros. v. Ash & Assoc., 612 A.2d 717 (R.I. 1994)
- Town of N. Smithfield v. Susan Marie Builders, 599 A.2d 319 (R.I. 1992)
- Future Development v. Pontiac Ent., 591 A.2d 387 (R.I. 1991)
- In re Advisory to Governor, 668 A.2d 1246 (R.I. 1997)
- Cumberland Farms v. Mayo Corp., 694 A.2d 752 (R.I. 1999)
- Forte Brothers v. National Amusements, 525 A.2d 1301 (R.I. 1988)
- Forecaster, Inc. v. Woonsocket Co., 505 A.2d 1379 (R.I. 1987)
- Ben’s Marine v. Sleek Craft, 502 A.2d 808 (R.I. 1986)
- Sullivan v. Empire Equip. Engineering, 492 A.2d 1212 (R.I. 1985)
- Nunes v. Meadowbrook Development Co., inc., 807 A.2d 943 (R.I. 2002)
- Nunes v. Meadowbrook Development Co., Inc., 824 A.2d 421 (R.I. 2003)
- Tonetti Enterprises, Inc. v. Mendon Road Leasing Corp., 2006 Wl 1515840 (R.I.Super. 2006)
- Grand Banks Yachts, Ltd., et al. V. Roberts, 2006 Wl 2927318 (D.R.I. 2006)
- Brochu v. Santis, 939 A.2d 449 (R.I. 2008)
- Cornell, et al v. Marvelle, et al, 2008 Wl 3312294 (Mass.Super. 2008)
- Plainfield Pike Gas & Convenience, LLC v. 1889 Plainfield Pike Realty Corp., 994 A.2d 54 (R.I. 2010)
- Ohi Asset (CT) Lender, LLC, v. Shine, 2011 Wl 1466310 (D.R.I. 2011)
- CMI Associates, LLC, v. Regional Financing Co., LLC, 775 F.Supp.2d 281 (D.Mass. 2011)
- Moreau v. Flanders, 15 A.3d 565 (R.I. 2011)
- West, et al v. McDonald, 18 A.3d 526 (R.I. 2011)
- Narragansett Improvement Company, et al v. Wheeler et al, 21 A.3d 430 (R.I. 2011)
- Narragansett Electric Company v. Minardi, 21 A.3d 274 (R.I. 2011)
- Nunes v. Meadowbrook Development Co., Inc., 24 A.3d 539 (R.I. 2011)
- North End Realty, LLC v. Matttos, et al, 25 A.3d 527 (R.I. 2011)
- CMI Associates, LLC, v. Regional Refinancing Co., LLC, 775 F. Supp.2d 281 (D.Mass. 2011)
- David F. Miller and Miller’s Auto Body, Inc. v. Metropolitan Property and Casualty Insurance, et al, C.A. No.: 06-3336 (RI 2006)
Modern Floors, Inc. v. Superior Realty, Inc. et al, C.A. No.: KB-2014-0222 (R.I. 2014)
- Kurn, et al v. York, et al, C.A. No.: PC 13-5432 (R.I.Super. 2015)
- Calcagni v. Fleet Construction Co., Inc., C.A. No. 10-2078
- Richmond Holding Corporation v. Richmond Ready Mix, Inc., C.A. No. 08-0616
- Demetrios B. Haseotes v. V.S. Haseotes & Sons Limited Partnership, et al, C.A. No. 04-2524
- Marra v. Atomic Catering, Inc., et al, C.A. No. 10-1783 – 10-1790
- Lindemann v. John P. Caito Corporation, Inc., C.A. No. 11-0005
- Anthony F. Rosciti, Jr., v. South Shore Utility Contractors, Inc., C.A. No. 06-2623
- Terrapin Development, LLC v. Irene M. O’Malley Revocable Trust, 253 A.3d 1241 (R.I. 2021)
- Epic Enterprises LLC v. 10 Brown & Howards Wharf Condominium Association, 253 A.3d 383 (R.I. 2021)
- Galvin-Assanti v. Atlantic Properties Management Corp., 483 F. Supp. 3d 125 (D.R.I. 2020)
- Saab 1 Enterprises, Inc. v. Colbea Enterprises, LLC, 2016 WL 1611115 (D.R.I. 2016)
- Cashman Equipment Corp., Inc. v. Cardi Corp., Inc., No. PB-2011-2488, 2021 WL 4398192 (R.I.Super. Sep. 20, 2021)
- 183 Eustis Ave LLC v. City of Newport, No. NC-2018-0207, 2019 WL 5087261 (R.I.Super. Oct. 02, 2019)
- Patel v. Patel, No. KC-2018-0309, 2019 WL 162498 (R.I. Super. 2019)
- Schey v. Campos, No. PC20154143, 2017 WL 10517984 (R.I. Super. 2017)
- Schey v. Campos, No. PC 2015-4143, 2016 WL 3573917 (R.I. Super. 2016)
- Donatelli v. Donatelli, No. PB 13-1950, 2016 WL 3087536 (R.I. Super. 2016)
- Dean Leasing Corporation v. Fedex Freight, Inc., 1:20-CV-00286 (D.R.I. 2020)
- Securities and Exchange Commission v. Churchville et al, 1:15-CV-00191 (D.R.I. 2015)
- Russo v. Tayeh, 1584CV01050 (Mass. Super. Ct. 2015)
521 Main Street, LLC v. Certain Underwriters At Lloyd’s London SU, 1481CV08704 (Mass. Super. Ct. 2014)
- Vito v. Dept. of Environmental Mgmt., 589 A.2d 809 (R.I. 1991)
Georgetown University (J.D. 1978)
Lehigh University (B.A. 1975)
magna cum laude