LANDFILL & RESOURCE v. DEPT. OF ENV. MANAGE.

No. 84-367-Appeal.

512 A.2d 866 (1986)

LANDFILL & RESOURCE RECOVERY, INC., v. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT of the State of Rhode Island.

Supreme Court of Rhode Island.

July 21, 1986.


Attorney(s) appearing for the Case

Robert D. Weick/Edward L. Maggiacomo, Adler Pollock & Sheehan, Providence, for plaintiff.

Charles McKinley, Dept. of Environmental Management, Paul P. Baillargeon, Woonsocket, for defendant.


OPINION

WEISBERGER, Justice.

This case comes before us on appeal from a judgment of the Superior Court holding that the closure of a solidwaste-disposal landfill pursuant to the provisions of the Aquifer Statute, G.L. 1956 (1979 Reenactment) § 23-18.9-8.2 (d), as enacted by P.L. 1982, ch. 33, § 1, constitutes a compensable taking as a matter of law. We vacate the judgment and remand for further proceedings. The facts giving rise to this controversy...

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