PALAZZOLO V. STATE OF RHODE ISLAND C.A. NO WM 88-0297 CASE BRIEF

PALAZZOLO V. STATE OF RHODE ISLAND

C.A. NO WM 88-0297

NATURE OF THE CASE: This is an inverse condemnation action brought by Palazzolo (P) against the Rhode Island Coastal Resources Management Council (D). The case eventually made it to the Supreme Court who remanded the case for the purpose of a Penn Central analysis. As mandated evidence was taken for the purpose of determining 'the claim of P for monetary damages against D for an alleged regulatory taking of his property by analyzing his reasonable investment-backed expectations in accordance with the principle enunciated in the Penn Central case.'

FACTS: The land is located on the south side of Winnapaug Pond, a tidal, salt water pond. There is substantial geologic evidence which shows this pond to have been tidal for more than 2000 years. The entire southern perimeter of the pond consists of salt water marsh. It remains nearly devoid of development. The eighteen acres of land is subject to daily tidal inundation. One-half of the site is below mean high water (MHW). The vast majority of the site is not readily available for home construction; the soil surface being composed of Matunuck mucky peat between six to eighteen inches thick. There is substantial development on the land located immediately to the west, east, and north of the pond. Although that development has in large part not involved filling of wetlands, there is no doubt that several houses at the eastern and western ends of the pond were built on fill placed over previously existing wetlands. The site owned by Palazzolo is similar to all of the remaining 146 acres of salt marsh contiguous to the pond, almost all of which is on its south side. These marshes provide valuable habitat for wildlife including birds and fish. There has been essentially no development within the salt marsh. D contends that a strong Public Trust Doctrine in Rhode Island must result in a finding that the subject parcel is not capable of being developed economically.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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