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KILLINGTON, LTD. v. STATE

No. 94-516.

668 A.2d 1278 (1995)

KILLINGTON, LTD. v. STATE of Vermont and Town of Mendon.

Supreme Court of Vermont.

October 13, 1995.

Attorney(s) appearing for the Case

Frank P. Urso, Killington, John J. Zawistoski and Allan R. Keyes of Ryan Smith & Carbine, Ltd., Rutland, and Michael M. Berger of Berger & Norton, Santa Monica, California, for plaintiff-appellee.

Jeffrey L. Amestoy, Attorney General, and Ron Shems, John H. Hasen and Mark J. Di Stefano, Assistant Attorneys General, Montpelier, for defendant-appellant State of Vermont.

Nancy Corsones and Christopher Corsones of Corsones & Corsones, Rutland, for defendant-appellant Town of Mendon.

Lewis Milford, Richard S. Emmet and Elizabeth R. Thagard, Montpelier, for amicus curiae Conservation Law Foundation.

Patrick W. Hanifin and Stephen S. Ostrach of New England Legal Foundation, Boston, Massachusetts, for amicus curiae Vermont Farm Bureau Federation.

Before GIBSON, DOOLEY, MORSE, JJ., and BRYAN, Superior Judge, and MORRIS, District Judge, Specially Assigned.

MORSE, Justice.

The State of Vermont and the Town of Mendon appeal the superior court's ruling that Killington, Ltd.'s regulatory taking claim is ripe for litigation. Killington claims that acts and decisions by the State and Mendon, taken individually and together, constitute a regulatory taking of its land. The trial court granted an interlocutory appeal to this Court on the ripeness issue. We reverse.

I. State's Actions

A.

In...

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