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PALAZZOLO v. RHODE ISLAND

No. 99-2047.

533 U.S. 606 (2001)

PALAZZOLO v. RHODE ISLAND et al.

United States Supreme Court.

Decided June 28, 2001.

Attorney(s) appearing for the Case

James S. Burling argued the cause for petitioner. With him on the briefs was Eric Grant.

Sheldon Whitehouse, Attorney General of Rhode Island, argued the cause for respondents. With him on the brief were Michael Rubin, Assistant Attorney General, Brian A. Goldman and Richard J. Lazarus.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were former Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, William B. Lazarus, and R. Justin Smith.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined, and in which Stevens, J., joined as to Part II-A. O'Connor, J., p. 632, and Scalia, J., p. 636, filed concurring opinions. Stevens, J., filed an opinion concurring in part and dissenting in part, p. 637. Ginsburg, J., filed a dissenting opinion, in which Souter and Breyer, JJ., joined, p. 645. Breyer, J., filed a dissenting opinion, p. 654.

Justice Kennedy, delivered the opinion of the Court.

Petitioner Anthony Palazzolo owns a waterfront parcel of land in the town of Westerly, Rhode Island. Almost all of the property is designated as coastal wetlands under Rhode Island law. After petitioner's development proposals were rejected by respondent Rhode Island Coastal Resources Management Council (Council), he sued in state court, asserting the Council's application...

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