logo
EXCLUSIVE Care home SLAMS Martha's Vineyard millionaire for 'stopping seniors from enjoying the beach'

EXCLUSIVE Care home SLAMS Martha's Vineyard millionaire for 'stopping seniors from enjoying the beach'

Daily Mail​01-06-2025
A care home on Martha's Vineyard has slammed a millionaire homeowner for allegedly gatekeeping a beach from its elderly and disabled residents.
Melinda Loberg, a longtime resident of the famed Massachusetts island, filed a lawsuit against Havenside - a non-profit corporation affiliated with the Island's Episcopal Churches and the Diocese of Boston - on May 12.
Havenside is a senior living facility that sits just behind Loberg's $5 million waterfront home - but a fierce legal war was launched after elderly residents were allegedly crossing into the homeowner's land to get to Vineyard Haven Harbor.
The care home, however, argues that they have always had a right to use the 13-foot corridor on the north side of her land to gain access to the beach.
Now, Lucinda Kirk, the property manager of Havenside Corporation, told DailyMail.com that Loberg's lawsuit is just 'a land grab against island seniors.'
The majority of Havenside's residents are disabled and elderly - and they deserve to 'enjoy the many health benefits of salt air and serenity,' she said.
In the suit, Loberg claimed that when she bought the home in 1992 she was never told about the easement access that the seniors allegedly have - triggering the neighborhood dispute last month.
Fighting back, Kirk told DailyMail.com: 'The lawsuit that our neighbors filed should be seen for what it is: A land grab against Island Seniors.
She has lived at her $5 million idyllic home on Crocker Avenue with her husband since July 1992. Havenside has since told Loberg its residents have a right to use a small path on her property to get to the water. (her property is circled in red on the left, and the senior home is circled on the right)
'The Lobergs want to incorporate our easement into their beach-front property, apparently without any care how that will affect Havenside's 36 Residents.
'Our neighbors are attempting to outspend us in legal proceedings to grab our land with bogus legal claims.'
Many of Havenside's residents don't just live in the apartments for affordable housing, but also 'have mobility disabilities and/or chronic health conditions,' the spokeswoman added.
Kirk added: 'The land of Havenside has an appurtenant easement which provides beach access for our Seniors. It is the safest and easiest way for our Residents to enjoy the many health benefits of salt air and serenity.
'The issue at stake for Havenside is not about money, but preserving safe and equal access to the beach for our senior Residents.'
The legal filing went on to state that any access rights were taken away before Havenside took over its property. Loberg also emphasized that she has been using the land for 30 years which voids the corporation's past claims to it.
Havenside said that information is false and that it has had an easement there since 1890, the Vineyard Gazette reported.
The specific area that the senior center is claiming to control is a space that the Loberg's 'cleared the existing vegetation' from, along with 'removed tires, bottles, car mats, and large chunks of macadam and then planted Parcel 2A with grass,' the documents read.
Following the cleanup, the couple decided to install a 170-foot fence along the area in question - cutting off access for more than two decades, the lawsuit stated.
Havenside said they planned to gain access to the beach by cutting the grass between the fence and garden beds to construct an entry gate, the filing continued.
After informing Loberg of its plans, the corporation sent a tenant by the name of Frank Rapoza over to the property, 'carrying tools,' so he could 'install' the fence, per the lawsuit.
Tensions quickly rose when Loberg saw him standing in her driveway ready to get to work, so much so that she threatened to call the police if he attempted to install the gate.
With that, Rapoza fled the property, but soon after Loberg received a phone call from him 'threatening to return and install the gate,' the lawsuit detailed.
'In response to this phone call, Plaintiff installed a "No Trespass" sign on the Property line near the Havenside Property,' it added.
A manager with Havenside then reached out to Loberg and stated that Rapoza 'was not an agent of Havenside or its Board. Any representation otherwise has never been authorized.'
Loberg, a former Tisbury select board member, chose to sit down with Havenside on July 14, 2024 to talk about the issue, but 'representatives were not inclined to discuss alternative solutions and instead insisted upon the existence of the purported access easement,' her lawsuit read.
Later that month, the corporation offered to 'remove' the easement in exchange for 'a cash payment,' but Loberg denied the 'extortive offer.'
By October of that year, Havenside filed a Wetlands Protection Act Notice of Intent (NOI) with the local Conservation Commission 'seeking approval to make improvements on Plaintiff's Property within the alleged Access Easement,' the lawsuit said.
In that filing, 'Havenside falsely claimed to be the owner of the Property, failing to accurately fill out Section 3 requiring them to list the Property Owner if different from the applicant,' it went on.
In February, the Loberg's said they 'discovered a group from Havenside, including Mr. Rapoza, trespassing on Plaintiff's Property and in the process of cutting Plaintiff's Fence in order to install a gate.'
Loberg then called the police who asked the group to vacate, but 'declined' to forcibly remove them, noting that it was a 'civil matter.'
The lawsuit also included an image of Rapoza, an alleged 'manager of Havenside,' and unknown person 'destroying a section of Plaintiff's Fence and installing the gate.'
A police report was also filed in relation to the incident.
'Mr. Rapoza subsequently returned and finished installing the Gate,' the lawsuit said, adding that Havenside has since added signage to the entrance of Loberg's property stating that residents are allowed to use that as an access point to the beach.
Loberg 'feels harassed and threatened by the conduct of Havenside's tenants and does not feel safe on her Property as a result of their conduct,' the filing concluded.
She has demanded that 'Havenside, its guests, tenants and invitees' are not allowed to access her property and that it does not benefit from any easement over the Plaintiff's Property for the purpose of accessing Vineyard Haven Harbor.'
An initial hearing was held on May 20 and the next is set for June 16, according to documents.
Kirk said Havenside is working on obtaining a pro bono lawyer to fight for residents to gain access to the waterfront.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

California woman, 18, is disfigured in freak accident involving s'mores on a tabletop firepit
California woman, 18, is disfigured in freak accident involving s'mores on a tabletop firepit

Daily Mail​

time27 minutes ago

  • Daily Mail​

California woman, 18, is disfigured in freak accident involving s'mores on a tabletop firepit

A California woman's been left disfigured after flames 'exploded' in her face while making s'mores over an outdoor firepit. Viana Poggi, 18, was enjoying a fun summer night on July 6 with her cousin Alaina Arbiso when chaos unfolded before their eyes. While using a cement tabletop firepit, flames suddenly blew toward Poggi, leaving her with blistering burns on her face and arms. Her cousin Arbiso said all she could remember was how fast everything happened in that terrifying moment, before she pushed her relative into a nearby pool. Arbiso said: 'Within, like, a millisecond, you don't even see it coming - you have no time to react. It just happened.' After pushing Poggi into the water, Arbiso then grabbed a hose and sprayed down the flames spreading on the table. Another family member was also hit by the dangerous flames, but only Poggi was severely injured. When she got to a local burns center, staff asked Poggi about what was used to fuel the firepit. Poggi said: 'Even when I got to the ER, I just said I got hit by fire, and they asked me, "Was it rubbing alcohol?" Because it's so common for people to be burned that way.' A friend of hers Alexandra Welsh, who's a trauma nurse in the emergency room, was shocked after seeing someone she knew arrive with such intense injuries. Welsh said: 'I work at a trauma center, so I see a lot of traumatic injuries come in, but it is so different when it is someone who you think of as a little sister.' Despite the freak accident impacting her life, Poggi, who's been left with scars and burn marks, decided to make the best of it. She documented her recovery on TikTok, where she showed herself wearing a hospital gown when she was still covered in bandages. Poggi said: 'I always remember it could have been worse. I try to keep a good attitude.' The teen's due to start college soon at the University of San Francisco but, because of the burns, she's also preparing for several procedures to help with her recover. A GoFundMe page was set up by Arbiso to help her cousin with medical expenses while she embarked on the next chapter of her life. Arbiso wrote about Poggi: 'With the big move coming, multiple reconstruction surgeries, and a long emotional/physical recovery in her foreseeable future, [she's] going to need all the help she can get.' Poggi hoped that her unfortunate experience would make other people think twice before they used specific types of firepits. She said: 'I really want people to know the danger of using an alcohol-fueled pit because they are so common. We owned, I think, three of them.' There were several types of tabletop alcohol-fueled firepit available to buy online and in stores. Some were fueled by gel fuel, wood, wood pellets, and propane. Last year, multiple types of the vessel were recalled by the U.S. Consumer Product Safety Commission. The recall on the popular brand Colsen's pits warned that 'alcohol flames can be invisible and lead to flame jetting when refilling the firepit reservoir'.

Japan says $550 billion package in trade deal could finance Taiwanese chipmaker in US
Japan says $550 billion package in trade deal could finance Taiwanese chipmaker in US

Reuters

time27 minutes ago

  • Reuters

Japan says $550 billion package in trade deal could finance Taiwanese chipmaker in US

TOKYO, July 26 (Reuters) - Japan's $550 billion investment package agreed in this week's U.S. tariff deal could help finance a Taiwanese firm building semiconductor plants in the U.S., Japan's top trade negotiator Ryosei Akazawa said on Saturday. Japan agreed to the sweeping U.S.-bound investment initiative, which includes equity, loans and guarantees, in exchange for lower tariffs on its exports to the U.S. However, the structure of the scheme remains unclear. "Japan, the United States, and like-minded countries are working together to build supply chains in sectors critical to economic security," Akazawa told public broadcaster NHK. To that end, he said projects eligible for financing under the package are not limited to U.S. or Japanese firms. "For example, if a Taiwanese chipmaker builds a plant in the U.S. and uses Japanese components or tailors its products to meet Japanese needs, that's fine too," he said, without specifying companies. The U.S. is significantly reliant on Taiwan's TSMC ( opens new tab for advanced chip manufacturing, raising economic security concerns due to geographic proximity to China. TSMC announced plans for a $100 billion U.S. investment with U.S. President Donald Trump at the White House in March, on top of $65 billion pledged for three plants in the state of Arizona, one of which is up and running. Japan will use state-owned Japan Bank for International Cooperation (JBIC) and Nippon Export and Investment Insurance (NEXI) for the investments. A recent law revision has enabled JBIC to finance foreign companies deemed critical to Japan's supply chains. Akazawa told NHK that equity investment would account for just about 1-2% of the $550 billion, suggesting that the bulk will come in the form of loans and guarantees. When asked about the White House statement that the U.S. would retain 90% of the profits from the package, he clarified that the figure refers only to returns on equity investment, which would represent a small fraction of the total. While Japan initially hoped to secure half of the returns, a loss from the concession on the profit-sharing would be marginal compared to the roughly 10 trillion yen ($67.72 billion) in tariff costs that could be avoided under the deal, he said. He added that Japan aims to deploy the $550 billion investments during Trump's current term. ($1 = 147.6600 yen)

Why Happy Face Killer wants Bryan Kohberger to be his cellmate
Why Happy Face Killer wants Bryan Kohberger to be his cellmate

Daily Mail​

time27 minutes ago

  • Daily Mail​

Why Happy Face Killer wants Bryan Kohberger to be his cellmate

'Happy Face Killer' Keith Jesperson believes Bryan Kohberger would be safer sharing a cell with him in Oregon after the latter took a plea deal for killing four university students. Jesperson, 70, fears Kohberger, 30, will face grave danger if he stays housed in an Idaho prison as fellow inmates will want to teach him a lesson. 'His best hope is to be transferred to here, the max prison in Oregon to be away from those who want to make a name for themselves by killing him,' he wrote to Keith Rovere, a crime podcaster, according to Fox News Digital. 'This prison gets inmates from other states in order to protect them from the drama.' The former criminology student is currently being housed at the Idaho Maximum Security in Kuna, which is nearly 500 miles from Jesperson's lockup, the Oregon State Penitentiary in Salem. Oregon, among other states, houses prisoners from other states when a security concern is present. Idaho is not part of the agreement, so it's unclear if the murderer will be able to seek reprieve in a different state. Authorities have acknowledged that Kohberger could face security concerns as his case made national headlines and many have strong opinions about the quadruple murder. Earlier this month, Kohberger pleaded guilty to killing Madison Mogen, Ethan Chapin, Kaylee Goncalves and Xana Kernodle in their university housing in Moscow, Idaho, in November 2022. Jesperson, who is serving multiple life sentences, killed at least eight women in the 1990s. He garnered his nickname 'Happy Face Killer' after often putting smiley faces on letters to investigators and reporters. Kohberger is expected to be housed in isolation while corrections determines where he will spend his life sentence. The 30-year-old's legal team had repeatedly brought up Kohberger's social awkwardness and autism as a reason he could be targeted in prison as well. 'In the general population, he will be singled out right away to be made a target for those who see him as weak for the crimes of that kind of murder,' the Happy Face Killer wrote to Rovere. 'Most likely, Idaho will put him in protective custody like Jeffrey [Dahmer]. But we all know how that ended.' Dahmer, a cannibalistic serial killer, was beaten to death by his cellmate in a Wisconsin prison at the age of 34. 'I will write to the Idaho Department of Corrections to tell them to consider sending Kohberger here to save them the high-risk security issues in protecting him in Idaho,' Jesperson wrote to Rovere. Kohberger took a controversial plea deal that spared him the death penalty, but will see him serve four consecutive life sentences without the possibility of parole. The deal left unanswered lingering questions that a trial might have explored, such as Kohberger's motives, and divided the victims' families, with some left outraged that the quadruple killer now cannot be sentenced to execution or death by firing squad. The deal also had Kohberger give up his right to appeal the case. Several of the victims' loved ones shared their desire for Kohberger to be attacked in prison during their addresses to the court. And even though his fellow inmates already 'think he is a 'f**king weirdo,' a former police investigator warns, murder is not something Kohberger has to fear. Kohberger is 'vulnerable' being confined in the general population unit, retired NYPD inspector Paul Mauro admitted to Fox News, but can find some safety in the fact that 'Idaho is a death penalty state'. 'If you're in for life, and you kill somebody, well, that's going to get you to death penalty,' Mauro explained, suggesting that for most prisoners murder is too risky. The State of Idaho has not indicated that it will send Kohberger to a different state.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store