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Constitutional Law Keyed to Chemerinsky
Palazzolo v. Rhode Island
Citation:
533 U.S. 606 (2001)Facts
The petitioner, in the efforts to develop his property, filed an application to Rhode Island Coastal Resources Management Council (Council) requesting permission to build a private beach club along the shore of Winnapaug Pond and to fill the entire marsh land area. The Council rejected the application, noting that the beach plan would conflict with the regulatory standard for a special exception and that to get a special exception, the plan must serve a “compelling public purpose which provides benefits to the public as a whole.” The petitioner appealed the decision to the Rhode Islands courts. The Council’s decision was affirmed. The petitioner filed an inverse condemnation action in Rhode Island Superior Court, asserting that the State’s wetland regulations had taken the property without just compensation in violation of the Fifth and Fourteenth Amendment.
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6m 59s
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