ALEGRIA v. KEENEY

No. 95-45-APPEAL.

687 A.2d 1249 (1997)

Richard ALEGRIA v. Timothy R.E. KEENEY in His Capacity as Director of the Department of Environmental Management et al.

Supreme Court of Rhode Island.

January 29, 1997.


Attorney(s) appearing for the Case

John B. Webster, Warwick, William Mark Russo, Providence, for Plaintiff.

Gary Powers, Deputy Chief Legal Counsel, Dept. of Environmental Management, Michael Rubin, Asst. Attorney General, for Defendant.


OPINION

LEDERBERG, Justice.

Does the denial of an application to alter wetlands constitute a regulatory taking that requires just compensation? The plaintiff in this case, Richard Alegria, purchased property that he knew contained wetlands subject to regulation under the Freshwater Wetlands Act (Wetlands Act). After his application to develop the property was denied by the Rhode Island Department of Environmental Management (DEM), the plaintiff...

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